The power to approve, approve with modifications or disapprove open space development in accordance with the intent established in §
167-43 above is granted to the Planning Board in accordance with § 278 of the Town Law. The Planning Board shall require the submission of an open space concept and has the authority to mandate subdivision developers to cluster the units in their developments, pursuant to § 278 of the Town Law.
The purposes of open space development are as
follows:
A. Residential amenity.
(1) The creation of neighborhoods and community gathering
and recreational areas;
(2) High quality site design resulting from flexible site
and lot standards; and
(3) Creation of open space usable for recreation, either
active or passive.
B. Conservation.
(1) Preservation of significant natural and man-made characteristics
of the site; and
(2) Preservation of floodplains, slopes subject to erosion
and other environmentally sensitive areas.
C. Comprehensive land use planning.
(1) Coordination with the Town of Malta Comprehensive
Plan, Agriculture and Open Space Preservation Study, Open Space and
Recreation Needs Assessment Report, linkage study and other applicable
Town, county, state, federal and regional plans and programs;
(2) Maintenance of the residential character of the Town
of Malta, while increasing the variety of housing opportunities available;
and
(3) Development or redevelopment of land in a manner appropriate
to the special characteristics of each site and present and future
needs of the Town.
Any open space development shall conform to the standards and construction practices set forth in Chapter
143, Articles
II and
IV, of the Subdivision Regulations for the Town of Malta except as modified below.
A. This procedure shall apply generally to residential
zoned land which shall be a contiguous parcel a minimum of 20 acres
in size. An applicant may request consideration for an open space
development project of less than 20 acres. In addition, it shall be
determined by the Planning Board that such development will not be
detrimental to the health, safety or general welfare of persons residing
in the vicinity or injurious to property or improvements in close
proximity and that the proposed development is in conformity with
the objectives of the Town's Comprehensive Plan and that the gross
density will be no greater than if the tract were developed in accordance
with the existing zoning requirements.
B. When such development is proposed adjacent to any
existing residence or residential area, a suitable buffer area, as
the Planning Board determines, shall be left between the closest lot
line of any lot in an existing residential development area or a conventionally
platted residential map that has been filed with the Saratoga County
Clerk and the closest structure in the residential cluster development
contained on an open space lot.
C. Rural roadway standards. The developer shall be required to conform to the rural roadway standard as set forth in §
143-13 of the Subdivision Regulations of the Town of Malta for all proposed roadways within the project site. Should the applicant wish to deviate from this standard, written approval shall be required from the Planning Board.
D. Pathways.
(1) Pathways within the right-of-way shall be provided
in all open space developments. The developer shall meet the following
standards:
(a)
Residential areas with more than four units
per acre: a five-foot-wide pathway of material acceptable to the Planning
Board on each side of each roadway. The paths shall each be at least
five feet from the edge of the roadway.
(b)
Residential areas with one to four units per
acre: a five-foot-wide pathway of material acceptable to the Planning
Board on one side of each roadway. The path shall be at least five
feet from the edge of the roadway.
(c)
Residential areas with less than one unit per acre: No pathways will be required except as may be required by the Planning Board in Subsection
D(2) below.
(2) The Planning Board may require additional pathways,
walks, multiuse trails or linkages to the Town trail system in areas
identified in the linkage studies.
(3) The developer shall install the pathways, at no additional
cost to the Town. The developer shall grant an easement to the Town
granting the general public access to and use of these trails.
E. Entrances. The open space development shall be designed
such that naturally occurring topography and vegetation at the entrances
and within the development shall be maintained to the greatest extent
practicable. In open space developments where there is level topography
and/or a lack of vegetation at the entrance, berming shall be incorporated
into the design of the entrance and at the discretion of the Planning
Board. Berms shall be natural in form and harmonize with the surrounding
terrain. Additionally, all berms shall be planted with native species
or species approved by the Planning Board.
F. Flag lots.
(1) Flag lots shall be permitted in all open space developments.
A maximum of five flag lots shall be permitted per open space development
and shall conform to the following standards:
(a)
Minimum frontage: 40 feet, taken at the right-of-way
line.
(b)
Front yard setback: 50 feet, taken at the closest
rear yard property line of the abutting parcel(s).
(c)
Minimum size: 35,000 square feet.
(2) All flag lots shall be approved by the Planning Board
at the sketch plan stage. Flag lots proposed after this stage shall
not be permitted unless a benefit is found by the Planning Board.
G. Open space.
(1) Lands set aside as open space and greenways shall
remain as open space pursuant to conditions set forth by the Planning
Board.
(2) The developer is responsible for maintaining open
space until such time as it is legally accepted by another entity.
(3) When feasible, a substantial portion of open space
shall be located on the road front, so as to maximize roads with houses
on only one side.
(4) It is the goal of this section to set aside green
space along existing roadways.
H. Stormwater management.
(1) In the event the stormwater management areas are owned
by the developer or another entity other than the Town of Malta, the
developer shall provide a maintenance agreement and access easements
around the entire circumference/area of all stormwater management
infrastructures.
(2) Alternate methods of stormwater management techniques
are encouraged within the Town.