The following shall apply in the AR Agricultural-Residential
District:
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
C.
Height of accessory buildings. Agricultural use buildings
may exceed the height regulations applicable to nonagricultural use
buildings.
D.
Specific regulations for the district.
(1)
On corner lots, there shall be provided on the side
street a side yard equal in depth to the required front yards on said
side street.
(2)
On corner lots, accessory buildings and off-street
parking spaces shall be set back from the side street line a distance
equal to the front yard requirements on such side streets.
(3)
The minimum distance between accessory buildings shall
be 10 feet, excepting garages.
(4)
Roadside stands are allowed as an accessory agricultural
use to sell primarily locally produced agricultural products. Such
stands shall be at least 20 feet from the street or highway right-of-way
line.
(5)
Accessory structures may be placed on the lot prior
to establishment of the principal structure only upon receiving a
permit from the Zoning Administrator.
(6)
Maximum coverage of structure. The total square footage
of all structures on a residential lot shall not exceed 0.25 of the
maximum lot coverage as set forth in Appendixes 3A and 3B.
(7)
Domestic animals.
(a)
Area requirements for the keeping of domestic
animals are as follows:
|
Animal Type
|
Minimum Lot Size
|
Additional Animals
|
|---|---|---|
|
Horses, mules, cattle
|
1 per two-acre lot
|
1 acre per animal
|
|
Goats, pigs, sheep
|
2 per one-acre lot
|
Pro-rated number of animals for each portion
of an acre
|
|
Rabbits, fowl and game birds
|
50 per one-acre lot
| |
|
All other domestic
|
1 per one-acre lot
|
1/2 acre per additional animal
|
(b)
Setbacks.
[1]
Manure storage shall be located a minimum of
100 feet from any property line or a minimum of 200 feet from a property
line when upgradient of existing wells.
(c)
These requirements may be waived upon demonstration
of animal-keeping practices acceptable to a representative from Cornell
Cooperative Extension or the New York State Farm Bureau and the Town
of Galway.
E.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any use in the Agricultural-Residential District:
(1)
Provide for, and encourage, 40% to 50% of lots remain
as open space or available for agricultural uses by encouraging lot
layouts such as clustering or conservation subdivision design.
(2)
Ensure the provision of adequate water supply, sewage
disposal and transportation infrastructure in ways that protect the
health, safety and welfare of residents and are consistent with rural
character and continuing agricultural activities.
(3)
Encourage the integration of new subdivisions with
the surrounding existing neighborhoods and rural character. The site
layout of new development in the countryside should protect roadside
views and ensure that home sites blend into the landscape to the greatest
extent possible.
(4)
Retain existing tree rows and hedgerows, stone walls,
and similar features in the development of any new use or the expansion
of any existing use.
(5)
The primary means of access to lots in the Agricultural-Residential
District should be via the existing street corridors other than in
PDDs, and conventional, cluster and conservation subdivisions.
(6)
Any off-street parking or loading areas, accessory
use structures or storage other than sheds should be screened from
adjacent properties by landscaping or fencing.
(7)
New buildings adjacent to significant historic structures
should be designed in a manner consistent with the general architectural
features of such historic structures in terms of form, materials,
fenestration, and roof shape.
(8)
New streets should be designed with rural characteristics,
including minimal tree clearing, minimal grading and filling of existing
topography, and usage of natural drainage where practicable. It is
suggested that names for new roads should be taken from the historical
names list available in the Town Clerk's office. Building envelope
placement should minimize placement of new structures in the center
of former agricultural fields and should instead take advantage of
hedgerows or other natural features that could be incorporated into
the layout.
(9)
Major modifications to the existing landscape, such
as extensive grading, clear-cutting of trees, or other similar activities,
shall be avoided.
(10)
Streets should be designed to maintain and preserve
natural topography, significant landmarks, and trees; to minimize
cut and fill; and to preserve and enhance views and vistas on or off
the subject parcel. Road design should reflect the context and characteristics
of the area. The use of narrow roads, similar to existing country
routes, is encouraged. In more dense areas, street trees should be
utilized to provide shade and separate the roadway from pedestrians.
(11)
The number of curb cuts on existing roads should
be minimized, and shared driveways should be utilized; linked/shared
parking where possible.
F.
Clustered or conservation subdivisions. The Planning Board is authorized to allow or require adherence to the regulations of § 115-24 for all subdivision applications in this zoning district where, in the opinion of the Planning Board during SEQRA review, the purposes of this chapter cannot be met under conventional subdivision methods.
The following shall apply in the RC Residential
Core District:
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
C.
Accessory uses: uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. An accessory building may be located within and/or
outside the parameters of the required side yard or rear yard, provided
that:
(a)
Such building or garage shall be set back 25
feet from any side or rear lot line and, if separated, shall not be
located less than 10 feet from the principal building.
(b)
Pairing. Accessory buildings constructed at
the same time may be located in pairs or groups in the required rear
or side yard along the common side lot line or rear lot line of contiguous
lots.
(2)
Height. An accessory building shall not exceed 28
feet in height.
(3)
Maximum coverage. The total square footage of all
structures on a residential lot shall not exceed 30% of the maximum
lot coverage as set forth in Appendixes 3A and 3B.
D.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any use in the Residential Core District:
(1)
The adaptive reuse of structures should be encouraged
in such a way as to complement the character of the existing neighborhood
while avoiding the demolition of viable structures.
(2)
Existing tree rows and hedgerows, stone walls, and
similar features should be retained as much as possible in the development
of any new use or the expansion of any existing use.
(3)
The number of off-street parking spaces required should
be the minimum necessary to adequately serve the intended use.
(4)
The primary means of access to new lots should be
via the existing street corridors other than in PDDs or subdivisions.
(5)
Off-street parking or loading areas, accessory use
structures or storage other than sheds may be required to be screened
from all walkways, adjoining residences, and streets utilizing appropriate
vegetation and/or fencing.
(6)
Where practicable, new buildings adjacent to significant
historic structures should be designed in a manner consistent with
the general architectural features of such historic structures in
terms of form, materials, and fenestration and roof shape.
(7)
New or in-fill buildings should be located in line
with existing buildings to maintain the integrity of the existing
building setback line of the street.
(8)
Major modifications to the existing landscape, such
as extensive grading, clear-cutting of trees, or other similar activities,
shall be avoided to the extent possible.
(9)
The street system should be an "interconnected pattern"
of small blocks in a grid or modified grid system to diffuse traffic,
and shorten walking distances. Block lengths should generally be between
200 feet and 600 feet in length and include "stub streets" for future
growth as needed. The orientation of streets should enhance the visual
impact of common open spaces and prominent buildings.
(10)
Motor vehicle travel lanes should be designed
to minimize conflicts with pedestrians and bicycles; intersections
should be aligned for clear visual observation. Long, uninterrupted
segments of straight streets should be avoided. Curves should be incorporated
into street design to slow traffic Streets should be designed based
on the character of the area.
(11)
All development within the Residential Core
District should incorporate smart or "low-impact" development procedures
to reduce the impact of new growth on water quality. Components of
these procedures include, but are not limited to:
(b)
Retaining and incorporating natural site features
that promote infiltration of stormwater on a developed site.
(c)
Using bioretention, pervious surfaces, open
space surface water dispersion, soil restoration, and other dispersed
facilities to control stormwater as close to the origin as possible.
(d)
Use of traditional conveyance and pond technologies
to manage stormwater quality and quantity should only be considered
after all other low-impact development techniques have been considered
and used to the greatest extent possible.
(12)
In order to be consistent with the scale of
buildings in traditional and new hamlets, no single building shall
have a building footprint exceeding 3,500 square feet.
The following shall apply in the RH Rural Hamlet
District:
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
C.
Accessory uses: uses customarily accessory to and
subordinate to a principal use.
(1)
Location. An accessory building shall not be located
in a front yard. An accessory building may be located within and/or
outside the parameters of the required side yard or rear yard, provided
that:
(a)
Such building or garage shall be set back 10
feet from any rear or side lot line and, if separated, shall not be
located less than 10 feet from the principal building.
(2)
Height. An accessory building shall not exceed 28
feet in height.
D.
Permitted use conditions. All uses permitted in this
district are subject to the following conditions:
(1)
Retail businesses, personal service establishments
or restaurants of the drive-in type offering goods or services directly
to customers in motor vehicles are not permitted, with the exception
of banks.
E.
Commercial uses permitted. The uses shown in Appendix
4 are permitted subject to a site plan review and authorization by
the Planning Board for a special use permit.[3]
[3]
Editor's Note: Appendix 4 is included at the end of this chapter.
F.
Design guidelines. The following guidelines shall
be considered by the Planning Board in the site plan and subdivision
review of any use in the Rural Hamlet District:
(1)
Parking in the front yard of a lot located in a Rural
Hamlet District is prohibited. Parking of all commercial uses in the
hamlet shall be to the side or rear.
(2)
In order to be consistent with the scale of buildings
in traditional and new hamlets, no single building shall have a building
footprint exceeding 3,500 square feet.
(3)
The establishment of a mixed-use, multifamily dwelling
may be permitted as a specially permitted use in the hamlet.
(4)
New buildings in the Rural Hamlet District should
be located as close to the front setback line as possible and in line
with existing buildings to maintain the integrity of the existing
building setback line of the street.
(5)
Where practicable, existing tree rows and hedgerows,
stonewalls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(6)
Additions to existing buildings should use materials
and details complementary with those incorporated in the parent structure.
(7)
New buildings should be designed in a manner consistent
with the general architectural features of the hamlet in terms of
form, materials, and fenestration and roof shape. In general, structures
constructed for commercial uses shall be residential in appearance.
(8)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located shall be avoided.
(9)
Major modifications to the existing landscape, such
as extensive grading, clear-cutting of trees, or other similar activities,
should be avoided to the extent possible.
(10)
Flashing or intrinsically bright sources of
illumination are prohibited.
(11)
All other parking, lighting, and landscaping
requirements for commercial buildings under this chapter shall be
applied in this district.
(12)
Trademarked architectural styles that identify
a specific company by building features are prohibited.
(13)
Sections 115-17D(9), (10) and (11), related to the Residential Core District above, apply to hamlet areas as well.
(15)
Architectural elevations must be submitted for
any proposed structure in either the C1 or RH Zone in order to ensure
compatibility with the surrounding neighborhood structures and to
maintain the aesthetic quality of the Town.
The following shall apply in the C1 Commercial
Retail District:
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
D.
Specific regulations for the district.
(1)
Existing nonconforming businesses not located within
the commercial zone will be allowed to operate without undue restrictions.
However, the commercial zoning restrictions in the commercial zones
will be applied to any approved changes to or growth of existing businesses.
(2)
Permit and hearing required; exceptions. All uses proposed for a Commercial Retail District (C1), except for single- and two-family residences, are subject to site plan review procedures (Article VII, § 115-75) and Planning Board authorization for a special use permit. Such special uses are also subject to the public hearing process required by Article VII, § 115-76.
(3)
Commercial uses permitted: all other uses permitted
as in Appendix 4.[3]
[3]
Editor's Note: Appendix 4 is included at the end of this chapter.
E.
Design guidelines. In addition to the design guidelines established in § 115-75 (regarding site plan review), the following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Commercial Retail District:
(1)
Parking in the front yard of a lot located in a C1 District is prohibited. Off-street parking shall be located at the side or rear of buildings. See also § 115-40 for parking standards.
(2)
In order to be consistent with the scale of buildings
in traditional and new hamlets, no single building shall have a building
footprint exceeding 5,000 square feet. For buildings having a facade
larger than 80 feet, the building must be articulated to appear as
multiple buildings.
(3)
The establishment of mixed-use, multifamily dwellings
is allowed by a special use permit in the C1 District.
(4)
New buildings in the C1 District should be located
as close to the front setback line as possible and in line with existing
buildings to maintain the integrity of the existing building setback
line of the street.
(5)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping should
be encouraged.
(6)
Where practicable, existing tree rows and hedgerows,
stonewalls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(7)
Additions to existing buildings should use materials
and details complementary with those incorporated in the parent structure.
(8)
Where practicable, new buildings should be designed
in a manner consistent with the general architectural features of
the traditional and rural nature of Galway in terms of form, materials,
and fenestration and roof shape.
(9)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located shall be avoided.
(10)
New buildings shall have a peaked roof shape.
Dead-flat roofs are generally inconsistent with the traditional character
of the Town and should be avoided, except where facade variations
and other architectural features can disguise the flatness of the
roof.
(11)
Major modifications to the existing landscape,
such as extensive grading, clear-cutting of trees, or other similar
activities, should be avoided to the extent possible.
(12)
All new streets shall be designed to permit
the installation of electric, water, sewer, and gas utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(13)
The primary entrances to any building should
be oriented to the lot frontage. Secondary entrances should be oriented
to parking, plazas or parks. Access to main roads shall be limited
to two.
(14)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(15)
Drive-through facilities (if necessary) shall
be located at the side or rear of buildings, out of view from public
streets. Landscaping should be used to further reduce the visibility
of drive-through facilities. Pedestrian safety and internal vehicular
circulation must be considered in the design of any drive-through
facilities.
(16)
Cross-easements shall be used to provide shared
access to parking whenever possible.
(17)
All site lighting must be designed in consideration
of the following:
(a)
The light source (i.e., bulb) should not be
visible from any angle.
(b)
All fixtures should be fully shielded to prevent
glare to adjacent streets, properties and the sky.
(c)
No lights will produce glare so as to cause
illumination beyond the boundaries of the property on which they are
located.
(d)
No lighting fixture shall exceed 18 feet in
height.
(18)
Flashing or intrinsically bright sources of
illumination are prohibited.
(19)
Trademarked architecture that identifies a specific
company by building design features is prohibited.
(20)
Architectural elevations must be submitted for
any proposed structure in either the C1 or RH Zone in order to ensure
compatibility with the surrounding neighborhood structures and to
maintain the aesthetic quality of the Town.
F.
To minimize potential conflict between residences
and future businesses, residences will be required to undergo site
plan review to ensure adequate screening and buffering.
The following shall apply to the L Lake District:
A.
Boundaries. All property, public and private, bordering
on the shoreline of Galway Lake and contiguous thereto, as follows,
is included in the Lake District: starting at the intersection of
Ridge Road and Crooked Street, proceed south on Crooked Street to
the Kayaderosseras Allotment line between Allotments XVI and XIV.
Thence easterly along the Allotment line to property listed on tax
sheet 198.06. Thence following the southerly line of tax sheet 198.06
easterly and southerly, including property on the tax sheets 198.10
and 198.11. Including tax parcel 198-1-1923 proceed along its southerly
and easterly lines to tax parcel 198-1-68. Including tax parcel 198-1-1968
proceed along its southerly, easterly and northerly boundaries to
property on tax sheet 198.11. Thence northerly along the east lines
of tax sheets 198.11 and 198.07 to the northeast corner of Ruback's
Grove, projecting the line northerly through tax parcel 185-3-4 to
a point of intersection with the south line of tax parcel 185-3-1965.
Thence along the southerly boundary of tax parcels 185-3-(65, 8, 9,
34, 20 and 21) to Lake Road. Following Lake Road north to the sharp
bend and west to tax parcel 185-15-1952. Thence north along the east
line of lot 185-15-1952 to its northeast corner. Thence westerly along
the back line of properties fronting Lake Road to the property shown
on tax sheet 185.15. Thence westerly and northerly, including all
property on tax sheets 185.15 and 185.14 and property on tax sheet
185.10 lying south of Hermance Road to Hermance Road. Thence westerly
on Hermance Road to Ridge Road and westerly on Ridge Road to the point
of beginning.
C.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
D.
Accessory uses.
(1)
Height. An accessory structure shall not exceed 18
feet in height and 150 square feet in area.
E.
Specific regulations for the district.
(1)
All new buildings, as well as improvements, modifications or alterations to existing buildings, will conform to the New York State Uniform Fire Prevention and Building Code and the provisions of Article IV of this chapter. The term "accessory building," as defined in Article II hereof, is further limited within the Lake District to a supplemental building of no more than 150 square feet, the use of which is incidental to that of the principal building and located on the same lot.
(2)
There shall not be more than one such structure per
lot, excluding garages.
(3)
Buildings located within the Lake District are limited
to two levels and will not exceed 28 feet in height, measured from
mean elevation.
(4)
See Schedule of Uses.[3]
[3]
Editor's Note: The Schedule of Uses, Appendix 4, is included at the end of this chapter.
(5)
On-site wastewater treatment systems (OWTS).
(a)
All new or replacement on-site wastewater treatment
systems (OWTS) require a work permit and must be designed and certified
by a licensed professional engineer to meet standards established
by the State Departments of Health and Environmental Conservation.
This requirement also extends to OWTS that are being modified, if
the modification includes a new subsurface treatment system; moving
the drain field or extending the drain field to a location not previously
approved. In addition, a licensed professional engineer must oversee
the installation of all replacement, modified or alternative OWTS.
(b)
All OWTS must be inspected by a licensed professional
engineer when the property on which the OWTS resides is sold; the
dwelling is replaced or being converted from a seasonal to a year-round
residence; there are indications that the OWTS has failed and poses
a potential threat to the health, safety or general welfare of Galway
Lake property owners; there are modifications to the supported dwelling,
such as adding bedrooms, that could increase the demand on the OWTS;
the dwelling floor space is increased by at least 30%; or the OWTS
is being modified (unless the modification is limited to the replacement
of "like" components). The engineer will submit a written report of
inspection findings to the Code Enforcement Officer within 30 days
of the inspection. The report will address whether the OWTS complies
with applicable state and local design standards; if the OWTS and
its components are presently in satisfactory condition and functioning
properly; and, where applicable, if the OWTS can properly treat the
proposed increase in wastewater generation.
(c)
All OWTS which are not in compliance with applicable
state and local codes and/or found to constitute a danger to the health,
safety or general welfare of property owners or Galway Lake must be
upgraded to comply with applicable state standards or the use thereof
will be terminated. A licensed professional engineer is required to
design and oversee the installation of all replacement or modified
systems. Evidence of noxious effluents entering the lake by direct
channel or through water drainage systems shall be cause for immediate
injunctive action against the casual source by the Code Enforcement
Officer.
(d)
When the size constraints of the lot, proximity
to the lake or soil characteristics preclude OWTS compliance, an alternative
OWTS (i.e., holding tanks) may be used, provided that the alternative
OWTS is designed and certified by a licensed professional engineer.
The engineer certification must stipulate that the alternative system
will not adversely impact the health, safety or general welfare of
property owners or the lake. Dwellings using this option cannot be
increased in size or occupancy capacity in the future.
(6)
In conformance with the standards established by the
State Departments of Health and Environmental Conservation, the use
of holding tanks shall not be permitted for new home construction
except where the occupancy of a home is permitted while the OWTS is
under construction. Also, holding tanks may be used at existing homes
where an OWTS is under repair or modification. Tank size shall be
based upon five days' design flow or 1,000 gallons, whichever is greater,
and meet the same construction as a septic tank, except that the holding
tank shall not have an outlet. Holding tanks are not acceptable for
long-term use on year-round residences.
The following shall apply to the NRPO Natural
Resource Protection Overlay District:
A.
Use of clustered or conservation subdivisions.
(1)
The Planning Board is authorized to allow or require
adherence to the regulations of this section for all subdivision applications
over 10 acres and over three lots in residential zoning districts
where, in the opinion of the Planning Board during SEQRA review, the
purposes of this chapter cannot be met under conventional subdivision
methods. The Planning Board is authorized to offer an incentive density
bonus for this purpose.
(2)
The use of a clustered or conservation subdivision
plan may be required when the parcel contains, in whole or in part,
one or more of the following:
(a)
State and/or federal freshwater wetlands occupying
25% or more of the site.
(b)
Slopes of greater than 20% occupying 25% or
more of the site.
(c)
The site contains a floodplain or flood hazard
area as mapped by the Federal Emergency Management Agency's Flood
Insurance Maps.
(d)
The site contains a Critical Environmental Area
designated as per SEQRA.
(e)
The site contains an identified scenic view
or scenic vistas.
B.
Layout standards. In addition to any standards that
may be required for a clustered or conservation subdivision, there
shall also be:
(1)
A one-hundred-foot buffer established from all nonprotected
streams to keep development away from stream banks.
(2)
No disturbance or development on slopes greater than
20%.
(3)
A one-hundred-foot buffer established around all New
York State and federal wetlands.
(4)
Screening of all development on ridgelines as follows:
(a)
All structures shall be sited away from ridgetops
and ridgelines. Whenever possible, structures shall be sited at lower
elevations.
(b)
Structures shall blend in with natural surroundings.
(c)
Exterior lighting shall be controlled in height
and intensity, and screening or shielding of luminaries may be required
by the Planning Board.
(d)
The Planning Board may require the applicant
to preserve existing vegetation or provide new plantings of native
vegetation to screen structures. Existing vegetation shall be preserved
to the maximum extent possible.
(5)
An impervious lot coverage of less than 20%.
C.
The Planning Board is authorized to identify and establish
a building envelope on any approved plat in a subdivision to ensure
that all development is moved away from the above identified natural
resource.
D.
Density calculation. The number of allowable residential
units shall be determined by subtracting all lands within the parcel
containing NYSDEC and Federal US Army Corps of Engineers regulated
wetlands (exclusive of buffer), lands within any designated one-hundred-year
floodplain area, and steep slope areas of greater than 20%.
E.
All buildable lots shall be placed outside of the
critical environmental areas, including wetlands, floodplains, and
steep slopes greater than 20%.
The following shall apply in the AO Agricultural
Overlay District:
A.
The Town of Galway supports the use of land for agricultural
purposes, and through the Town Comprehensive Plan and this chapter
has attempted to provide, to the fullest extent allowed by law, for
the protection of agricultural uses and lands suitable for agricultural
production. The Town supports the continued operation of active farm
operations and authorizes the Planning Board to approve nonagricultural
land development subject to such conditions as may be required to
assure the long-term viability of active farm operations and agricultural
activities by limiting the potential for conflict between established
farms and agricultural uses and newly established nonagricultural
land uses. The Town supports sound agricultural practices necessary
for the on-farm production, preparation and marketing of agricultural
commodities and supports the farm protection policies set forth in
§ 308 of the Agriculture and Markets Law.[1]
B.
Buffering of existing farms from new uses. New residential
development located adjacent to existing farmlands or active farm
structures, including, but not limited to, barns and silos, shall
provide for its own buffer and/or landscaping for screening when necessary.
The width of the buffer shall be determined based on topography and
proposed site layout but shall not be less than 50 feet.
D.
All subdivisions within the AO District shall be platted
to preserve the maximum amount of prime and statewide important farmland
soils for continued agricultural use. During subdivision review and
insofar as practicable, building envelopes shall be identified and
located in a manner to protect the maximum amount of prime and statewide
important farmland soils as follows:
(1)
On the least fertile soils for agricultural uses and
in a manner which permits access to active agricultural land.
(2)
Within any woodland contained within the parcel, or
along the far edges of open fields adjacent to any woodland, to reduce
impact on agricultural operations and to enable new construction to
be visually absorbed by natural landscape features.
(3)
In locations least likely to block or interrupt scenic
vistas as seen from public roadways.
E.
All major subdivisions shall be required to utilize
either a clustered or conservation subdivision design where structures
are placed on buildable lots located to preserve at least 50% of the
parcel as preserved open space for agriculture. The protected farmland
so designated shall be depicted on the subdivision plat and labeled
so that it indicates that such land may not be further subdivided
and is reserved for agricultural purposes.
F.
All subdivisions within the AO District shall be eligible for an incentive density bonus when lands containing prime or statewide important farmlands and active agricultural uses are permanently preserved for agriculture as per § 115-23. In authorizing the incentive density bonus, the Planning Board shall ensure that the benefit to the Town is permanent, and may require such easements, surety or other performance guarantees that the Board, in its sole discretion, deems necessary. Before authorizing an incentive adjustment, the Planning Board shall make a determination, in writing, that the additional unit density would not have a significant adverse environmental impact.
