[Added 5-12-1988 by L.L. No. 1-1988]
[Amended 11-14-2002 by L.L. No. 6-2002; 6-25-2020 by L.L. No. 3-2020]
It is the intent and purpose of this section to create a zoning district which would permit the establishment of Conservation Residential Developments (CRDs) on one or more designated sites and in proper locations, so as to:
A. 
Variety of housing types. Provide the opportunity for the creation of a wider variety of housing types in the Town, ranging from single-family detached to single-family attached units (townhouses) to multifamily dwellings, and designed to serve the present and future owner and rental housing needs of those persons working and living in the Town of East Fishkill, including both elderly and young households, families of moderate income and small families.
B. 
Creative use of large tracts. Encourage the creative use of centrally located large tracts within the Town and in excess of 150 contiguous acres so as to promote the establishment of a more-desirable living environment than would be possible through their subdivision in accordance with the conventional standards established elsewhere in this article.
C. 
Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land-planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space and protect floodplains and other natural features.
D. 
Service and utilities. Encourage orderly and well-planned development of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, a stormwater control and retention system, etc., so as to achieve developments which are environmentally, physically, visually and economically superior.
E. 
Traffic circulation. Encourage orderly development of sites with substantial frontage on state and county highways to provide safe, efficient access and traffic circulation.
F. 
Master Plan. Promote a development pattern in harmony with the objectives of the Town's Master Plan and require preparation of a Master Development Plan that addresses the intent of the CRD district.
G. 
Preservation. Maximize the preservation of slopes over 15%, wetlands, flood-prone areas, historic structures or areas, unique, natural or geographic formations, rare vegetation or habitats of endangered wildlife, lakes, ponds, significant recreational areas or resources, trails, bikeways, pedestrian routes and significant scenic routes, particularly ridge lines, water bodies and mountains.
H. 
Adequate review. Provide adequate review and supervision of development by requiring both conceptual and specific plan approvals for properties rezoned by legislative action to the CRD zone.
[Amended 9-26-2000 by L.L. No. 7-2000; [Amended 9-26-2000 by L.L. No. 7-2000; 6-25-2020 by L.L. No. 3-2020]
This article creates a CRD Zone and sets forth standards under which properties shall be considered eligible for legislative consideration for possible rezoning into the CRD Zone. In order to be eligible for such legislative consideration for rezoning, lands must meet the following criteria:
A. 
The lands proposed for rezoning may consist of one or more parcels, at least one of which must consist of 150 or more contiguous acres. At least one of the parcels constituting the lands proposed for rezoning must possess at least 100 feet of frontage on a state or county highway. The lands proposed for rezoning must also meet the other criteria and qualifications set forth in this article.
B. 
While only lands considered eligible under these criteria may be considered for placement within the CRD Zone, there shall be no presumption that lands so considered eligible will ever be formally rezoned into the CRD Zone. The decision to rezone, or to decline to rezone, any particular properties into the CRD Zone, is a purely legislative determination entirely within the legislative discretion of the Town Board. The Town Board shall have the right to reject any petition for CRD rezoning at any stage of the proceedings. The Town Board shall also have the authority to rezone lands into the CRD Zone as a direct action, in the absence of a petition.
[Amended 11-14-2002 by L.L. No. 6-2002; 6-25-2020 by L.L. No. 3-2020]
A. 
Permitted uses. Permitted uses within a CRD shall be as follows:
(1) 
Residential uses. Detached, semidetached or attached one-family dwellings, two-family dwellings, and multifamily dwellings. Multifamily dwellings shall not constitute more than 20% of the total number of housing units in a Conservation Residential Development.
(2) 
Nonresidential uses. Active and passive park and recreational areas, open space and activities, including swimming pools, tennis courts, ball fields, playgrounds, walkways, bikeways, nature trails and similar structures and facilities.
B. 
Accessory uses. Accessory uses in the CRD Zone shall be the same as those permitted in the R-1 Zone.
C. 
Special uses. The following special uses are permitted within the CRD Zone, provided they are designed, planned and developed for the primary purpose of service to the residents of the CRD.
(1) 
Public uses. Schools, public buildings, places of worship, membership clubs and nursery schools.
(2) 
Commercial uses. Retail shops, personal-service shops, professional offices and grocery stores, provided that the total land area devoted to commercial uses does not exceed 5% of the gross land area within the CRD and such uses are clearly accessory to the residential uses.
Except where specified herein, all development standards and controls normally applicable to all other residential subdivisions and uses shall also be applicable to CRD's.
A. 
Density. At the time of any rezoning of a parcel into the CRD Zone, the Town Board shall set the density in accordance with this section.
(1) 
The base density in a CRD shall be two units per acre. However, the Town Board shall have authority to allow density of up to four units per acre where, in its sole discretion, it finds that a clear public good is being provided which addresses and mitigates both of the impacts identified in the draft generic environmental impact statement, i.e., possible groundwater contamination and traffic congestion. Examples of such public good would include provision or facilitation of availability of municipal or central water and sewer facilities to serve the Hopewell Hamlet area and provision for material transportation enhancement, such as the north-south bypass road, which would directly ameliorate the Hamlet's current traffic congestion.
(2) 
The following deductions shall apply to density in CRD's. Section 194-14.1 does not apply to CRD projects. For purposes of density calculation, all acreage, including lands donated or dedicated to municipal purposes, shall be included, except water bodies, wetlands, and slopes of 25% or more.
[Amended 11-14-2002 by L.L. No. 6-2002]
(3) 
Where the Town Board rezones property into the CRD Zone as a direct action, the base density shall apply. The property owner may subsequently petition the Town Board to reconsider the density provisions applicable to the property under the standards set forth in this section.
[Added 9-26-2000 by L.L. No. 7-2000]
(4) 
The density established by the Town Board in this section shall be considered the "gross" density of the project. Net densities of particular sections of the project are regulated in later sections of this chapter. The number of units permitted by the Town Board as part of the density calculation under this section shall be considered the "base number of units" for the project. Such determination shall not be interpreted to prohibit authorization of additional incentive units under the Town's Affordable Housing Law.[1] The calculation of the number of authorized incentive units shall be based on the base number of units calculated under this section.
[Added 11-14-2002 by L.L. No. 6-2002]
[1]
Editor's Note: See Art. XXIII.
B. 
Minimum lot dimension.
[Amended 11-14-2002 by L.L. No. 6-2002]
(1) 
Single-family detached units. In no case shall single-family detached units be placed on lots smaller than 7,000 square feet.
(2) 
Single-family semidetached and attached end units. In no case shall single-family semidetached units be placed on lots smaller than 4,000 square feet.
(3) 
Single-family attached units. In no case shall single-family attached units be placed on lots smaller than 2,500 square feet.
C. 
Frontage. At least one of the parcels included in the CRD site must have a minimum street frontage of 100 feet on a state or county highway.
D. 
Height and bulk requirements.
[Amended 11-14-2002 by L.L. No. 6-2002]
(1) 
The maximum permitted building height within a CRD shall not exceed 35 feet or 2 1/2 stories.
(2) 
Detached garages shall not exceed 25 feet or 1 1/2 stories, and shall not exceed 750 square feet in size.
(3) 
The maximum net density for two-family and/or multifamily units shall not exceed 10 units to the acre within individual clusters, as determined by the Planning Board.
(4) 
Bulk requirements for lots in CRD projects:
(a) 
For detached units:
[1] 
Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.
[2] 
Minimum rear yard: 30 feet.
[3] 
Minimum side yard: 15 feet.
[4] 
Minimum lot width: 70 feet.
[5] 
Minimum lot depth: 90 feet.
[6] 
Road frontage: 50 feet; except along culs-de-sac, where it may be 40 feet. All flag lots shall have 50 feet of frontage.
[7] 
Maximum floor area ratio (FAR): 0.30.
[8] 
Detached garages may be located in the rear yard and shall be no closer than 10 feet to the rear or side lot line.
(b) 
For semidetached and attached units:
[1] 
Minimum front yard: 20 feet from curb, or 20 feet from the house side of the sidewalk, if provided, whichever is greater.
[2] 
Minimum rear yard: 30 feet.
E. 
Maximum coverage. The maximum permitted gross building coverage on any CRD site shall not exceed 12%.
[Amended 11-14-2002 by L.L. No. 6-2002]
F. 
Screening and buffering. The minimum buffer area shall be in no case less than 50 feet measured from the boundary of the CRD. In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas and may require buffer areas of up to 100 feet. Buffer and screening areas shall be landscaped or left in their natural state in accordance with the landscaping provisions of this Zoning Chapter. The Planning Board may require additional landscaping to screen utility buildings, refuse collection areas, cooling systems and other similar installations and features.
G. 
Open space and recreation areas. At least 1/3 of the gross acreage of any CRD site shalt be composed of land which is used for recreational purposes and/or preserved as permanent open space.
H. 
Unit design considerations. For CRD's with attached and semidetached units, in order that such subdivisions will be properly planned in relation to the community and personal needs of people, the following design elements shall be considered by the Planning Board in addition to the specific provisions of the land subdivision regulations and the normal factors examined in the site plan review:
(1) 
Need for personal privacy. Visual privacy shall be preserved for residents through the proper design of rear yards and/or patio spaces. Proper screening through the use of vegetation, fencing and partially enclosed patios shall be provided. Audio privacy shall be maintained by requiring proper standards for solid party walls that will satisfactorily limit sound transmission between adjoining dwelling units.
(2) 
Need for maintaining the scale of building to ensure compatibility with natural and man-made surroundings. Four dwelling units shall be the normal maximum permitted per building to ensure that attached and semidetached units will be compatible in scale with the character of surrounding development and to ensure a pleasant environment for the residents of such units through maximizing views and by providing a close relationship to immediately adjacent open space at the sides of units as well as to the front and rear. The Planning Board may, where it deems necessary, limit the number of dwelling units per building to less than four, and may permit up to six units in circumstances where building layout or natural terrain conditions can help assure aesthetic design, adequate private and semiprivate open spaces and significant views.
I. 
Layout design considerations: need for preserving existing neighborhood identity and community scale. The Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a massive concentration of units, with little or no differentiation, can be avoided, so that the character of CRD will match the character of the larger neighborhood in which it is located.
J. 
Vehicular circulation system and traffic access. All streets and driveways within a CRD shall be designed to adequately serve their intended traffic function and the anticipated volume of traffic of the development. Direct access shall be provided by a state or county highway. Major traffic circulation streets which connect to the various sections of the CRD and provide access to the state or county highway shall be designated "development collector roadways." All other vehicular circulation elements within a CRD shall be designated as "minor development roads." Development collector roadways within a CRD shall meet the applicable standards of the Town highway specifications (Chapter A197) for local roads. Minor development roads, including any permitted private roads, within a CRD shall meet the applicable standards of the Town's highway specifications (Chapter A197) for local roads or minor local roads, as applicable.
[Amended 11-14-2002 by L.L. No. 6-2002]
K. 
Pedestrian circulation system. In each CRD, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of CRD residents. Such a system might be composed of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function.
L. 
Utilities and services.
(1) 
Underground lines. All televisions, power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the government agency or utility company having jurisdiction.
(2) 
Approval. All buildings within CRD's shall be served by water supply and sewage treatment systems as approved by the appropriate government agency or agencies having jurisdiction thereof.
(3) 
Future needs. Where facilities are provided they shall be planned in such a way as to anticipate future utility needs, and wherever reasonably feasible, shall be sited to reduce the capital costs associated with any future central utility construction.
(4) 
Television hookups. Television hookups shall either be by cable television or a central antenna system designed to minimize adverse aesthetic impact.
(5) 
Refuse collection. The CRD shall provide an adequate means of collection and storing refuse between collections. Any outside storage and garbage shall be in centrally located containers designed to prevent rodent infestations and shall provide sufficient screening as determined by the Planning Board.
(6) 
Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact.
(7) 
Surface water runoff. Surface water retention facilities shall be developed so that the rate of stormwater runoff after construction is no greater than the rate of runoff prior to development.
(8) 
Placement of utilities. Where possible, all utilities shall be placed within the right-of-way, and all possible steps shall be taken to avoid placement of utilities under the pavement, in order to assure ease of future maintenance.
M. 
Energy efficiency. The plan for development of any site within CRD Zones shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for all dwelling units.
N. 
Protection of slopes. In general, all existing slopes over 15% shall be protected, and construction activities shall not be allowed on slopes over 15%. However, the Planning Board may allow construction or construction related activities, to the extent it finds appropriate, on slopes over 15% but less than 25% if, in it's sole discretion upon reviewing the record, it finds that any and all identified impacts of such construction can be appropriately mitigated and that slopes will properly be protected and stabilized during and after construction.
O. 
Affordable housing. At least 10% of the base number of permitted units must be affordable housing units as defined in § 194-3 and administered in accordance with Chapter 194, Article XXIII, entitled "Affordable Housing." Upon application of a developer, the Planning Board may permit up to an additional 5% of the units to be affordable units. For every affordable unit that is to be constructed, the developer shall be allowed to build one additional incentive market-rate unit, above the maximum number otherwise permitted under the applicable provisions of the code. This section shall apply to any property placed in the CRD project which has not received Phase 2 approval prior to the effective date of this subsection.
[Added 11-14-2002 by L.L. No. 6-2002]
[Amended 9-26-2000 by L.L. No. 7-2000]
The application and approvals procedure shall consist of three sequential phases. The first phase shall be rezoning review by the Town Board. The second phase shall be the CRD Development Plan review by the Planning Board. The applicant may, prior to formal submission of his Development Plan application, meet in a preapplication conference with the Planning Board to review the requirements and procedures defined herein and to discuss the general planning concepts for the proposed development. The third phase shall be detailed site plan review of CRD sections by the Planning Board. Where the Town Board has rezoned lands into the CRD Zone as a direct action, in the absence of a petition, the property owner may proceed directly to the second phase of CRD review (CRD development plan review by the Planning Board). However, if the property owner seeks an increase of permissible density pursuant to § 194-22, the application shall comply with the provisions of the first phase of the review.
A. 
Phase 1: CRD rezoning application to the Town Board. The applicant shall first submit his application for formal legislative rezoning to the CRD Zone. The application for rezoning shall consist of the following, of which 25 copies shall be submitted to the Town Board.
(1) 
CRD Development Plan. The CRD Development Plan shall be drawn at a scale of not less than one inch equals 100 feet and may consist of one or more sheets indicating the following information:
(a) 
Ownership. Property lines and the names of all adjoining streets and property owners.
(b) 
Neighboring uses. A map showing the uses of land in and adjacent of the site.
(c) 
Topography. Topographic information, including contours with a vertical interval of no more than two feet.
(d) 
Features. Existing natural and man-made features, including streams, wetlands, significant outcroppings, stone walls, floodplains, slopes over 15%, slopes over 25%, buildings and other improvements.
(e) 
Circulation. The proposed elements of the vehicular and pedestrian circulation system.
(f) 
Land use plan. A land use plan showing the proposed uses of the site, including open spaces and recreation area(s), the location of residential areas, their type, size and composition, any area of nonresidential use, sites reserved for public utilities, etc.
(g) 
[1]Utilities and services. The nature and location of all utility and service systems and facilities, including sewer, water, storm drains, public utilities, refuse collection and antenna hookups.
[1]
Editor's Note: Former Subsection A(1)(g), Shadow plan, was repealed 11-14-2002 by L.L. No. 6-2002. This local law also redesignated former Subsection A(1)(h) and (i) as (g) and (h), respectively.
(h) 
Applicant and owner. The name and address of the applicant, the property owner, and if the applicant is other than the property owner, evidence of his authority to act, and name and address of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
(2) 
Written statement. The written statement accompanying the CRD Development Plan shall consist of a text description of the proposed plan indicating how it will serve to implement the intent and purpose of such developments as set forth in this section, a preliminary analysis estimating the various quantitative elements of the plan, including the number of residential dwelling units (by type) calculated in accordance with the allowable density formula, the amount of nonresidential floor space, the number of off-street parking facilities, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all recreation facilities, open space, parking areas, walkways, utilities, roads and other common lands and facilities will be assured. The statement shall include a table or listing showing how each of the development requirements of this article have been met in the proposed plans.
(3) 
Staging plan. A proposed plan indicating the approximate staging of building construction and related improvements within the CRD, including the general order of construction and the estimated timing of each stage.
(4) 
List of approvals required. A list of approvals required from various governmental agencies prior to proceeding with the first stage and any subsequent stage of development.
(5) 
Environmental documents. The application must in all respects comply with the New York State Environmental Quality Review Act (SEQR). A long form Environmental Assessment Form shall be submitted. If determined necessary, an EIS will be prepared in accordance with the requirements of SEQR, which will describe the anticipated physical impacts of the proposed development, including any negative impacts that may result and actions planned by the applicant to mitigate them.
(6) 
Fee. The application and accompanying documents shall be accompanied by a filing fee as set from time to time by the Town Board. If an EIS is required, an additional fee will be set in accordance with SEQR site plan review of each phase of development will require additional fees in accordance with Subsection C(4).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7) 
Preliminary appearance. The applicant shall appear at least once before the Town Board to explain the application and answer any preliminary questions of the Planning Board.
(8) 
Planning board referral. To assist in its rezoning review, the Town Board will refer the proposed CRD Development Plan to the Town Planning Board for its review and recommendation pursuant to § 194-155 of the town's Zoning Chapter.
(9) 
Other referral. To further assist in its rezoning review, the Town Board may refer the proposed CRD Development Plan to the Town Engineer, Town Planner and any such agencies or officials of the town, county or state government as the Board may determine appropriate.
(10) 
Town Board action. The Town Board shall act on the rezoning application in accordance with Town Law.
B. 
Phase 2: Review of the CRD Development Plan by the Planning Board.
(1) 
Submission. The CRD Development Plan, with any modifications made as a result to the rezoning, and all necessary documents to comply with SEQR shall be submitted to the Planning Board. The Planning Board and its professionals shall require the applicant to submit all information necessary in order for the Board to make its decision on the Development Plan application.
(2) 
Public hearing on CRD Development Plan.
(a) 
Deadline. Within 45 days of the date of receipt of all necessary documents, including SEQR compliance, unless such time shall be extended by consent of the applicant and the Board, the Planning Board shall hold a public hearing on the CRD Development Plan application.
(b) 
Notice. Notice of such public hearings will be provided in accordance with law.
(3) 
Compliance with standards. In arriving at a decision to approve or disapprove the CRD Development Plan application, the Planning Board shall determine whether the proposed uses meet the standards set forth in this section.
(a) 
Natural features. The proposed arrangement of land uses, and their proposed layout on the site, including their compatibility to natural topographic features and adjoining properties.
(b) 
Impact. The impact of the proposed development upon neighborhood properties and the community as a whole.
(c) 
Staging plan. The staging plan shall be designed to assure that future residents of the first sections of the CRD shall have adequate services, including all utilities, streets, recreational facilities and landscaping, to suit their needs, even if future stages do not materialize.
(4) 
Decision of Planning Board. Within 45 days of the date of the close of the public hearing, the Planning Board shall, by resolution, act either to approve, approve with modification or disapprove the CRD Development Plan application. If the application is disapproved, reasons shall be stated.
(5) 
Effect of approval. Approval by the Planning Board, or approval with modifications, shall be deemed to authorize the applicant to proceed with the detailed design of the initial stage(s) of the proposed development and to submit applications for detailed site plan approval of such stage(s), or sections thereof, in accordance with the approved CRD Development Plan, and to therefore design and submit detailed site plan applications for each subsequent stage.
(6) 
Subsequent action. The applicant shall not be deemed to waive any right of the Planning Board to a detailed review of any aspect of the development in the subsequent section or site plan review.
(7) 
Expiration. Approval, or approval with modifications of the CRD Development Plan shall expire at the end of 12 months after the date of issuance, unless the applicant has submitted at least one detailed site plan application for a section of the CRD or such time limit is extended by the Planning Board for an additional 12 months.
C. 
Phase 3: Detailed Site Plan Approval of CRD Sections by the Planning Board.
(1) 
Initiation of third stage. Subsequent to Planning Board approval of the CRD Development Plan application, the applicant shall proceed to the third stage of review which involves detailed site plan approval of the various sections of the CRD. The Planning Board may also entertain during Phase 3 any applications for other related project approvals appropriate to effectuate the CRD Development Plan, including but not limited to subdivision review and floodplain permits.
(2) 
Site plan approval. The review and approval of the section site plans shall be in accordance with the standards, requirements and procedures of the site plan requirements of the Town of East Fishkill, with the additional requirements set forth herein. If any additional documents are necessary in order to comply with SEQR, these documents shall also be submitted. Site plan approval shall be required prior to the issuance of building permits within any section or stage of an approved CRD.
(3) 
Phases. The site plan requirements, when applied to a review of the section of a CRD, shall be deemed also to include the factors listed in Phase 1: CRD Rezoning Application to the Town Board (see above) as those apply to each section of the CRD, and a detailed review of the adequacy, location, arrangement, design and appearance of each aspect of development listed in application procedure above. While the scope of the Planning Board's review of the site plan will generally relate to the section of the CRD at issue, the Planning Board shall have the authority to assure that aspects of the development (e.g., water, sewer, utilities, streets, etc.) which will later be used in service, or connect to, other sections of the CRD shall be adequate to suit the purposes and needs of the CRD development as a whole.
(4) 
Fee. Each application for sectional site plan approval shall be accompanied by the appropriate fee for site plan approval as computed under the fee schedule in effect at the time the application is made.
(5) 
Variation from CRD Development Plan. The specific type and number of proposed dwelling units within the development may be varied by no more than 10% from the distribution as shown on the approved CRD Development Plan, but in no case shall the total number of dwelling units in the entire CRD be permitted to exceed the number approved as a part of the CRD Development Plan.
(6) 
Legal assurances. Each application for detailed site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and assure that continued proper future maintenance and ownership responsible for all common areas, facilities and utilities within each stage of development or section thereof.
(7) 
Other assurances. The Planning Board may condition its approval upon the applicant obtaining any other necessary approvals, licenses or permits from the appropriate town, county, state or federal agencies having jurisdiction thereof.
(8) 
Phased approval. To assure orderly development within a CRD, the Planning Board shall only approve site plans and other Phase 3 approvals for subsequent sections of the CRD as the pace of development in preceding sections may warrant.
(9) 
Performance bonds. The applicant shall post performance bonds in sufficient amounts of duration to assure that all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connection facilities, sanitary sewers and storm drains shall be installed, all in accordance with standards, specifications and procedures acceptable to the appropriate town departments.
(10) 
Simultaneous submissions. The Planning Board may concurrently entertain an application of Phase 2 approval and Phase 3 of the first CRD section.