A.
Purpose and applicability; requirement of conservation
analysis.
(1)
The purpose of this Article V is to preserve large tracts of open space land in order to maintain the rural appearance and environmental resources of the Town of Gardiner. Article V offers development alternatives to landowners that avoid the land-consumptive pattern of conventional subdivision (see definition in § 220-74). To avoid this pattern, which conflicts with the goals of the Gardiner Comprehensive Plan, the Town of Gardiner encourages three preferred development options: open space development, transfer of development rights, and flag lots. The Town discourages conventional subdivisions that would detract from the Town's rural landscape and natural resources.
(2)
Any applicant for a major subdivision in the RA District or for a major or minor subdivision in the SP District shall first submit to the Planning Board a conservation analysis as described in § 220-20A below. The Planning Board may also, in its discretion, require a conservation analysis for a minor subdivision in the RA District.
B.
Open space development. The Town encourages open space developments as an alternative to conventional subdivisions. In open space developments, units are clustered or sited on those portions of a property most suitable for development, while leaving substantial portions as undeveloped open space. Open space developments may include a variety of lot sizes, ranging from large farm or estate lots to small hamlet-size lots. (Minimum lot size requirements are contained in § 220-11D.) Open space development results in the preservation of contiguous open space and important environmental resources, while allowing compact development, more walkable neighborhoods, and more flexibility than conventional subdivisions. Open space developments must satisfy the standards in § 220-20.
C.
Transfer of development rights. Transfer of development rights is similar to open space development in preserving contiguous open space and allowing clustering of units on land most suitable for development. It differs from open space development in allowing the open space land and the developed land to be on different noncontiguous parcels, a "sending parcel" and a "receiving parcel." See § 220-22.
D.
Flag (rear) lots. Flag lots are lots where most of the land is set back from the road and access is gained through a narrow access strip. Where carefully planned, flag lots can enable landowners to develop interior portions of parcels at low density and low cost, preserving roadside open space, and avoiding the construction of expensive new Town roads. For regulations on flag lots, see § 220-23. Flag lots are not permitted in the SP District.
E.
Small-scale development. Small-scale development is any development of land in the RA District that results in the creation of no more than two new residential lots (excluding the parent parcel from which they are subdivided, which constitutes a third lot), subject to the requirements in § 220-24. Small-scale development also includes the development of residential lots that existed prior to the enactment of this chapter and do not meet the dimensional standards for a conventional subdivision in this chapter. This option is designed to minimize the burden and cost of development for landowners building on existing lots or creating only a small number of new lots. Small amounts of such development on a portion of a larger parcel, when combined with a Town program to preserve open space, enable the Town to preserve its rural character and natural environment while allowing some small lot development. See § 220-24.
Open space development allows design flexibility
while preserving important natural attributes of the land. The purpose
of open space development is to ensure that environmental resources
are protected as much as possible and that development occurs on the
land that is best suited for development. This technique is especially
important in the SP District in order to protect the unique visual
and ecological characteristics of the Shawangunk escarpment and ridge.
A.
Conservation analysis.
(1)
As part of any sketch plan submission for an open
space development, an applicant shall prepare a conservation analysis,
consisting of inventory maps, survey and topographic maps, description
of the land, and an analysis of the conservation value of various
site features.
(2)
The conservation analysis shall be prepared by a qualified land planning professional and shall be reviewed on behalf of the Planning Board by a qualified land planning professional as provided in Subsection J below. The qualifications of the land planning professional shall be commensurate with the scale and impact of the proposed development and the characteristics of the site. For properties of less than 30 acres, the applicant's surveyor or engineer may prepare the conservation analysis.
(4)
The conservation analysis shall identify lands with
conservation value on the parcel and within 100 feet of the boundaries
of the parcel, including but not limited to the following:
(b)
Farmland.
(c)
Existing or proposed trail corridors.
(d)
Scenic viewsheds.
(e)
Unique geological features.
(f)
Public water supply wellheads.
(g)
Documented aquifers and aquifer recharge areas.
(h)
Sites identified as historic on any federal,
state, or local register of historic places.
(i)
Public parks and publicly accessible recreation
lands.
(j)
Unfragmented forest land, as shown in a forest
inventory prepared by a qualified forestry or ecology professional,
including "Planning for People and Nature Along the Shawangunk Ridge"
("the Green Assets Report").
(k)
Land identified as having scenic, historic,
ecological, water resource, archaeological or other open space significance
in the Town's Comprehensive Plan, Open Space Plan, or the Green Assets
Report.
(l)
Buffer areas necessary for screening new development
from adjoining parcels and from other publicly accessible areas, including
roads, parkland, and nature preserves.
(m)
Stone walls.
(n)
Trees 15 inches' dbh or larger, except where
such trees are part of a larger stand of trees, in which case the
entire stand may be identified as a unit.
(o)
All land which requires protection under the
provisions of the Shawangunk Ridge Protection District.
(p)
If requested by the Planning Board after the
initial submission of the conservation analysis, other land exhibiting
present or potential future recreational, historic, ecological, agricultural,
water resource, scenic or other natural resource value.
(q)
Habitat and wildlife corridors.
(5)
The conservation analysis shall also identify areas
that are potentially suitable for development, especially those that
have been previously disturbed (e.g., by mining, prior development,
or clear-cutting) and their present condition. Such locations, depending
on their condition and location, might be preferred locations for
development or they may be more appropriate for environmental restoration
as part of a mitigation plan.
(6)
For areas that are proposed to be preserved as permanent open space (and land on adjacent parcels abutting such open space land) pursuant to § 220-21, the conservation analysis may consist of a general description of the land in sufficient detail to make the required conservation findings, but need not provide the level of detail required in Subsection A(4) above.
(8)
The Planning Board shall make a final determination
as to which land has the most conservation value and should be protected
from development by conservation easement. This determination shall
be based upon an analysis that weighs the relative importance of the
environmental resources on the site and shall be expressed in a written
report supporting its decision (the "conservation findings"). The
Planning Board may incorporate information provided by its own research,
as a result of site visits, or provided by its own consultants, the
Environmental Conservation Commission, or other qualified experts
or agencies. The Planning Board shall deny tentative approval to an
application that does not include a complete conservation analysis
sufficient for the Board to make its conservation findings.
(9)
The outcome of the conservation analysis and the Planning Board's conservation findings shall be incorporated into the Planning Board's tentative approval of the sketch plan, pursuant to § 188-12A of the Town Code.
(10)
The sketch plan, as tentatively approved, shall
show the following:
(a)
Preferred locations for intensive development
as well as acceptable locations for less dense development.
(b)
Land to be permanently preserved by a conservation
easement, as well as conservation uses, ownership, and management
guidelines for such land.
(c)
Land suitable for stormwater management facilities,
which may be located within the preserved land area.
(11)
At least 50% of the total acreage shall be preserved by conservation easement and shown as such on the sketch plan, based upon the conservation findings. In the SP District, at least 80% of the land shall be preserved by conservation easement. The preserved land shall meet the requirements of § 220-21, and shall generally form unfragmented contiguous blocks of land.
B.
Calculation of permitted number of dwelling units.
The maximum number of dwelling units in an open space development
is based upon a density formula that subtracts constrained land from
the parcel's acreage and divides the "net acreage" by the minimum
lot size in the district. The calculation of the number of permitted
dwelling units may be done at either the sketch plan or preliminary
plat stage of the application, at the applicant's election.
(1)
To calculate the permitted number of dwelling units,
the following steps shall be followed:
(a)
Determine the unconstrained acreage by subtracting
from the total (gross) acreage of the proposed development parcel
the acreage of "constrained land." Constrained land consists of wetlands
regulated by the DEC, one-hundred-foot buffers to such wetlands, federal
wetlands regulated by the U.S. Army Corps of Engineers, watercourses,
stream corridors extending 50 feet from the banks of any perennial
stream or lake, one-hundred-year floodplains, cemeteries, and slopes
over 20% (2,000 square feet or more of contiguous sloped area at least
10 feet in width). Slope determinations shall be based upon ten-foot
contour intervals, unless an applicant elects to submit slope information
with smaller contour intervals or another section of the Zoning Law
or Subdivision Law[2] requires the use of smaller contour intervals.
(b)
Multiply the unconstrained acreage by a "development
loss factor" of 0.85 (to account for roads and lot shape irregularities).
(c)
Divide the resultant area by the maximum base
density for an open space development in the district as shown on
the Dimensional Table. Fractional units shall be rounded to the nearest
whole number.
(d)
The result of this calculation, as reviewed
and approved by the Planning Board, establishes the maximum base number
of units permitted in the open space development.
(e)
For lots in more than one district (or subdistrict
in the SP District), the permitted number of dwelling units for land
in each district shall be computed separately, but the units may be
located in the manner that best fits the character of the land.
(2)
An applicant may increase the permitted number of
dwelling units in one of the following two ways:
(a)
By increasing the percentage of open space preserved
by conservation easement beyond 50%. For every 10% of additional open
space protected above the minimum required for the entire parcel,
the applicant shall be allowed an increase in the permitted number
of dwelling units of 10%. This density bonus shall not be available
within the SP District.
(b)
If the applicant allows public access to protected
open space and the Planning Board finds that such public access provides
a significant recreational benefit to the Town (such as a trail connector
or access to an important natural area, with parking where necessary)
the permitted number of dwelling units may be increased by a maximum
of 20%, at the discretion of the Planning Board based upon the significance
of the recreational benefit.
(3)
Within the RA District, the number of permitted dwelling units, with the bonuses permitted by Subsection B(2) above, shall not exceed one unit per 1.5 "net" acres. "Net acres" shall mean the unconstrained acreage multiplied by the development loss factor as provided in Subsection B(1)(a) and (b) above.
(4)
The maximum number of units allowed by this Subsection B shall not be considered an entitlement. The applicant must also demonstrate compliance with all applicable criteria and standards of the Zoning Law, Subdivision Regulations,[3] Ulster County Health Department, and other applicable
laws and regulations. These requirements may result in an actual approvable
unit count that is less than the maximum allowed above.
(5)
For purposes of density calculations in this section,
a studio dwelling unit shall be counted as 0.5 dwelling unit, a one-bedroom
dwelling unit shall be counted as 0.67 dwelling unit,, a two-bedroom
unit shall be counted as 0.75 dwelling unit, and a three-bedroom or
larger dwelling unit shall be counted as one dwelling unit. All dwelling
units which are treated as less than one full dwelling unit under
this section shall be required to have permanent deed restrictions,
in a form acceptable to the Planning Board, limiting them to the approved
number of bedrooms. This shall not prevent an applicant from building
a dwelling unit of less than three bedrooms and counting it as a full
dwelling unit for density purposes, in which case no deed restriction
shall be required and future expansion of the dwelling or dwelling
unit shall be permitted.
C.
Road and lot configuration and frontage.
(1)
Roads shall be designed based upon the conservation
analysis to maximize preservation of important natural features on
the property, including but not limited to watercourses, wetlands,
steep slopes, large trees, scenic views, agricultural fields, unfragmented
forest land, and stone walls.
(2)
Roads shall follow the contour of the land insofar
as practical and minimize cutting and filling.
(3)
Road access to lots shall be from interior roads rather
than existing public roads to the extent practical.
(4)
There shall be no minimum road frontage requirement
for lots fronting on newly constructed interior roads, provided that
the Fire Department determines that adequate access will be provided
to the building site on the lot. To the extent that this subsection
may be inconsistent with Town Law § 280-a, the Town Board
hereby declares its intention to supersede § 280-a pursuant
to § 10 of the Municipal Home Rule Law.
(5)
The minimum road frontage for lots fronting on existing roads shall be 300 feet, unless the Planning Board determines after review of the conservation analysis, and based upon the conservation findings, that a lesser road frontage would be consistent with the purpose of open space development as stated in § 220-20. In no case shall the minimum road frontage be less than 150 feet. These minimum road frontage requirements shall apply only to lots obtaining access from their frontage on an existing road.
(6)
Lots shall be arranged in a manner that protects land
of conservation value, as determined by the conservation findings,
and that facilitates pedestrian and bicycle circulation both internally
and through interconnections with adjoining land. The lot layout shall
be designed with consideration of the Rural Design Guidelines and
Hamlet Design Guidelines published by the New York Planning Federation
in 1994, adapted as necessary to conform to the requirements of this
chapter. Requirements of the Subdivision Regulations[4] concerning the shape or geometry of lots may be waived
by the Planning Board as necessary to comply with this subsection.
(7)
To the extent practical, roads shall be laid out in
manner that facilitates interconnection with adjoining parcels, consistent
with the policies in the Town of Gardiner's Comprehensive Plan.
D.
Types of residential development.
(1)
The allowable residential units may be developed as
single-family or two-family dwellings.
(2)
Multifamily dwellings shall be permitted if allowed
in the zoning district in which the land is located, provided that
applicable special permit requirements, if any, are satisfied. Multifamily
dwellings shall be designed taking into consideration the Building
Form Guidelines published by the New York Planning Federation in 1994,
adapted as necessary to conform to the requirements of this chapter.
(3)
If multifamily dwellings are not permitted in the
zoning district, such dwellings may be allowed by special permit granted
by the Town Board, provided that they are designed in the form of
traditional rural clustered farmsteads, composed of extended farmhouses,
barns or barn-like structures, garage apartments, and accessory structures
that are designed using traditional architectural forms historically
found in Gardiner before 1900.
(4)
The subdivision and special permit/site plan reviews
shall occur concurrently in one proceeding to the extent practical.
E.
Dimensional regulations.
(1)
Minimum lot area: The minimum lot area shall be as provided in § 220-11D. A lot with all or a portion of its septic system or well located within a preserved open space area shall not be considered a lot with an individual well or septic system for purposes of this subsection.
(2)
Constrained land may be included in individual lots
and counted toward lot area, provided that it is protected from development.
(3)
For lots that have either central water systems or
central sewer systems (but not both), or that have their septic system
and/or well located within a preserved open space area, the minimum
lot size shall be established by the Planning Board based upon site-specific
soil and hydrological conditions and the approval of the Ulster County
Board of Health.
(4)
Setbacks. Appropriate minimum setbacks in an open
space development depend upon the lot sizes, the type of road frontage
(state, county, Town, or private) and the character of the subdivision
(hamlet, suburban, or rural). Accordingly, the applicant shall propose,
and the Planning Board shall approve, setback (or build-to line) requirements
at the time of plat approval. These setback requirements shall be
shown in a chart on the plat. New structures in an open space development
shall be set back a minimum of 300 feet from existing dwellings on
lots that are not part of the open space development, unless the Planning
Board finds that site conditions, lot configurations, or the conservation
analysis make this requirement infeasible or inconsistent with the
purposes of open space development.
F.
Impervious surface coverage. The amount of pavement and building coverage is a major factor in determining the impact of a development. Therefore, limiting impervious surface coverage, as defined in § 220-74, is critical in maintaining environmental integrity.
(1)
The maximum impervious surface coverage in an open
space development shall be 12%, except in the SP District, where it
shall be 6%. This applies to the entire area to be developed, including
open space areas.
G.
Minimum preserved open space. One of the major purposes
of an open space development is to preserve open space. To achieve
this purpose, the following minimum requirements apply.
(1)
All open space development shall preserve at least 50% of the land, based upon the conservation findings, unless a density bonus has been granted as provided in Subsection B(3) above, in which case additional open space shall be preserved as required to achieve the density bonus.
(2)
In the SP District, at least 80% of the land shall
be preserved as open space.
(4)
Preserved open space may include constrained land.
It may be contained in a separate open space lot or be included as
a portion of one or more lots, provided that its ownership is not
fragmented in a manner that compromises its conservation value.
(5)
The required open space land to be preserved may not
include private yards within 50 feet of a principal structure.
(6)
Preserved open space land may be owned by any one
of the following, as long as it is protected from development by a
conservation easement:
H.
Partial open space development. In order to encourage small subdivisions to follow open space development principles, there is no minimum tract size or number of lots required for an open space development. A two-lot subdivision can be an open space development if the application complies with limitations on the permitted number of dwelling units and preservation requirements in Subsections A and G. In the case of a subdivision of a portion of a larger parcel, the Planning Board may require an applicant to show a sketch of an ultimate plan of subdivision of the property unless the applicant agrees to restrict the remainder of the property as permanent open space.
I.
Accessory uses. In order to encourage co-housing,
senior citizen communities, and other innovative forms of residential
development, residential and nonresidential accessory uses may be
combined in an open space development, provided that the applicant
complies with limitations on the number of permitted dwelling units,
and all maximum impervious surface and minimum open space requirements.
Permitted nonresidential uses that may be included in an open space
development include:
(1)
Common buildings for dining, recreation, and for entertaining
and lodging guests of the residents.
(2)
Child-care facilities for residents of the development
as well as those outside the development.
(3)
Office space for use by administrators of the development
as well as for use by residents of the development in the conduct
of their own businesses, provided that such offices do not occupy
more than 10% of the total floor area of the development.
(4)
Storage facilities, which may be used for the needs
of the development and the personal needs of its residents.
(5)
Recreational facilities for use by residents and their
guests.
J.
Qualified experts. The Planning Board may retain the
services of qualified experts, including but not limited to landscape
architects, ecologists, DEC-certified professional foresters, arborists,
hydrologists, engineers, architects, as well as the Town of Gardiner
Environmental Conservation Commission (ECC) as necessary to adequately
review a conservation analysis and proposed open space development
plan, and may charge the applicant for the reasonable costs of review
by such experts. The level of required professional qualification
of the experts shall be determined by the Planning Board and shall
be commensurate with the scale and impact of the proposed development
and the characteristics and environmental sensitivity of the site.
K.
Recreation land or fee. In applying the provisions of § 188-22A of the Town Code pertaining to parks and open space, the Planning Board shall apply the standards in § 277(4) of the Town Law to determine whether or not the preserved open space land in an open space development qualifies as the parkland required under § 277(4) for playgrounds or other recreational purposes within the Town. In the event that the Planning Board finds that the proposed development will generate demand for playgrounds or other recreational facilities which will not be satisfied by the preserved open space in the proposed development plan, the Planning Board shall require the payment of money in lieu of land pursuant to § 188-22A(3) of the Town Code.
Open space set aside in an open space development
shall be permanently preserved as required by this section. Land set
aside as permanent open space may be, but need not be, a separate
tax parcel. Such land may be included as a portion of one or more
large parcels on which dwellings and other structures are permitted,
provided that it forms one or more coherent blocks of contiguous land
with conservation value, that a conservation easement is placed on
such land pursuant to Subsection C below, and that the Planning Board
approves such configuration of the open space as part of its 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.
Conservation value of open space. The open space protected pursuant to this section shall have conservation value, based upon the conservation findings of the Planning Board, made pursuant to § 220-20A(8).
B.
Notations on plat or site plan.
(1)
Preserved open space land shall be clearly delineated
and labeled on the final subdivision plat or site plan 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.
(2)
The plat or site plan shall clearly show that the
open space land is permanently reserved for open space purposes and
shall contain a note referencing deed recording information of any
conservation easements or other title restrictions required to be
filed to implement such restrictions.
C.
Permanent preservation by conservation easement.
(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, shall 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.
(2)
Such conservation easement shall be approved by the
Planning Board and shall be required as a condition of subdivision
plat approval.
(3)
The Planning Board shall require that the conservation
easement be enforceable by the Town of Gardiner if the Town is not
the holder of the conservation easement.
(4)
The conservation easement shall be recorded in the
County Clerk's office prior to or simultaneously with the filing of
the final subdivision plat in the County Clerk's office.
(5)
The conservation easement shall prohibit residential,
industrial, or commercial use of preserved open space land (except
in connection with agriculture, forestry, and recreation) and shall
not be amendable to permit such use.
(6)
Access roads, driveways, local utility distribution
lines, low-impact recreation (as defined herein), wells, septic systems
and other subsurface sewage treatment facilities, and agricultural
structures shall be permitted on preserved open space land, provided
that the Planning Board determines that they do not impair the conservation
value of the land.
(7)
Forestry shall be permitted on preserved open space
land only if conducted under a plan prepared by a certified professional
forester and approved by the Planning Board.
(8)
Dwellings and other allowable structures may be constructed
on portions of parcels that include preserved open space land, but
not within the area protected by the conservation easement.
D.
Ownership of open space land.
(1)
Open space land may be owned in common by a homeowners'
association (HOA), dedicated to the Town, county, or state government,
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. The ownership entity and
structure shall be selected based upon the conservation analysis and
management objectives established by the Planning Board for the protected
open space.
(2)
If the land is owned in common by an HOA, such HOA
shall be established in accordance with the following:
(a)
The HOA shall be set up before the final subdivision
plat is approved and shall comply with all applicable provisions of
the General Business Law.
(b)
Membership shall be mandatory for each lot owner,
who shall be required by recorded covenants and restrictions to pay
fees to the HOA for taxes, insurance, and maintenance of common open
space, private roads, and other common facilities.
(c)
The open space restrictions shall be in perpetuity.
(d)
The HOA shall be responsible for liability insurance,
property taxes, stewardship of the land, and the maintenance of recreational
and other facilities and private roads.
(e)
Property owners shall pay their pro-rata share of the costs in Subsection D(2)(d) above, and the assessment levied by the HOA shall be able to become a lien on the property.
(f)
The HOA shall be able to adjust the assessment
as needs change.
(g)
The applicant shall be required to make a conditional
offer of dedication to the Town, binding upon the HOA, for all open
space to be conveyed to the HOA. Such offer shall be irrevocable and
may be accepted by the Town, at the discretion of the Town Board,
only upon the failure of the HOA to take title to the open space from
the applicant or other current owner, upon dissolution of the association
at any future time, or upon failure of the HOA to fulfill its maintenance
obligations hereunder or to pay its real property taxes. This subsection
shall not prevent the applicant or HOA from voluntarily offering the
open space for dedication to the Town at any time.
(h)
Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the open space lands by proceeding against individual owners
in the HOA and the dwelling units they each own.
E.
Maintenance standards.
(1)
Ongoing maintenance 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 any purpose or structure prohibited by the conservation easement
or for the storage or dumping of refuse, junk, or other offensive
or hazardous materials.
(2)
If the Town Board finds that the provisions of Subsection E(1) above are being violated, 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 or, in the case of an HOA, the owners of properties within the development and shall, if unpaid, become a tax lien on such property or properties.
F.
Easement donations prior to land development. A landowner who grants a conservation easement voluntarily prior to submitting an application for development may count the unconstrained land preserved by such conservation easement toward the permissible number of dwelling units using the formula in § 220-20B(1), applying the development loss factor of 0.85. Such conservation easement shall then be counted toward the requirement for permanent open space preservation required by §§ 220-20 and 220-21, provided that the following conditions are satisfied:
(1)
The applicant submits a conservation analysis demonstrating
to the Planning Board that the land preserved by conservation easement
has conservation value, and the Planning Board makes conservation
findings to that effect.
(2)
The conservation easement satisfies all of the criteria for conservation easements contained in Subsection C.
(3)
The conservation easement explicitly provides that
the protected land may be counted for purposes of calculating the
allowable number of dwelling units on land not covered by the conservation
easement.
The Town of Gardiner encourages flexibility
in the location and layout of development, within the overall density
standards of this Zoning Law. The Town therefore will permit residential
density to be transferred from one parcel (the "sending parcel") to
another (the "receiving parcel"). A density transfer may be permitted
from any land with conservation value located in the RA or SP District
to any land in the HM or HR District, or to any land within the RA
District which the Planning Board determines to be suitable for receiving
additional density. Sending parcels may be located in either the RA
or SP District and must be identified in the Town's Open Space Plan
as desirable for preservation. The process of density transfer is
as follows:
A.
Procedure.
(1)
All density transfers require a special permit from
the Planning Board.
(2)
The special permit application for a density transfer
shall be signed by the owners (or their authorized representatives)
of both the sending and receiving parcels.
(3)
The special permit application shall show a proposed development plan for the receiving parcel (subdivision and/or site plan) as well as calculations of the permitted number of dwelling units for both the sending and receiving parcels, prepared according to the provisions of § 220-20B. The density calculation for the sending parcel shall be based upon only the base maximum density allowed for open space developments and shall not include any of the density bonuses available under § 220-20C.
(4)
In reviewing an application for density transfer, the Planning Board shall first determine the number of allowable dwelling units permitted on the receiving parcel using all of the relevant standards in § 220-20B (or the lot size and dimensional standards for the HM or HR District if the receiving parcel is located in one of those districts.) The Planning Board shall then determine the number of dwelling units available to transfer from the sending parcel(s) pursuant to § 220-20B.
(5)
The Planning Board may then grant a special permit allowing the transfer to the receiving parcel of some or all of the allowable dwelling units from the sending parcel(s). In order to accommodate the additional number of units on the receiving parcel, the Planning Board may waive one or more of the dimensional requirements applicable in the zoning district of the receiving parcel and may allow smaller lot sizes in the HM or HR District as provided in § 220-11D.
(6)
As a condition of approval of the density transfer, a conservation easement on the sending parcel(s) satisfying the requirements of § 220-21 shall be executed and recorded in the County Clerk's office, reducing the number of dwelling units allowed to be constructed on the sending parcel(s) by the number of dwelling units transferred. In addition, the conservation easement shall require that an area of land of conservation value be permanently restricted which is equal to the number of units transferred times the maximum density for open space developments in the zoning district. (For example, if five units are transferred and the maximum density for an open space development in the sending district is one unit per four acres, at least 20 acres of the sending parcel would have to be permanently restricted.) The owner of a sending parcel may retain the right to construct one or more dwelling units on the sending parcel, provided that the owner has not transferred all development rights on the sending parcel and that the dwelling units are not built on the portion of the parcel protected by the conservation easement.
B.
Findings required. The Planning Board shall not approve
any residential density transfer unless it finds that:
(1)
All requirements for the granting of a special permit
have been satisfied.
(2)
If the receiving parcel is in the RA District, the addition of the transfer units to the receiving parcel will not increase the maximum allowable dwelling units under § 220-20B by more than 50%, and will not adversely affect the area surrounding the receiving parcel.
(3)
The density transfer will benefit the Town by protecting
developable land with conservation value on the sending parcel(s).
(4)
The density transfer will be consistent with the Comprehensive
Plan.
C.
Financial contribution in lieu of transferring development
rights. An applicant may increase density on a receiving parcel in
accordance with the above provisions by making a financial contribution
to the Town's Land and Development Rights Acquisition Fund, provided
that the Town Board has established a mechanism and a fee schedule
for administering such a financial contribution in lieu of transferring
development rights.
Flag lots, also known as "rear lots," are lots
where most of the land is set back from the road and access is gained
through a narrow access strip. Where carefully planned, such lots
can enable landowners to develop interior portions of parcels at low
density and low cost, preserving roadside open space, and avoiding
the construction of expensive new Town roads. The RA District is hereby
declared an open development area under § 280-a, Subdivision
4, of the Town Law. Building permits in this open development area
may be issued for structures on lots that have no public or private
road frontage and gain access by right-of-way easement over other
lands, under the conditions contained in this section. Rear lots with
or without access strips running to public or private roads may be
created where they will not endanger public health and safety and
will help preserve natural, historic, and scenic resources. The following
requirements apply to rear lots:
A.
Each rear lot shall have either a minimum frontage
of 25 feet on an improved public or private road and an access strip
as defined in this chapter, or a deeded right-of-way easement over
other lands providing legally adequate and physically practical access
to a public or private road.
B.
Minimum lot sizes for rear lots shall be 10 acres.
The area of the access strip shall not be counted in the calculation
of minimum lot size.
C.
Except as indicated in Subsection B above, rear lots shall meet all other dimensional requirements for a conventional subdivision lot in the applicable district. Minimum lot width shall be the same dimension as the minimum required road frontage. The minimum setbacks shall be 50 feet from all property lines.
D.
There shall be no more than three adjoining access strips, which shall share one common driveway. The common driveway shall be subject to a recorded maintenance agreement approved by the Planning Board as provided in § 220-43C. No more than three lots may be served by a common driveway.
E.
All rear lots shall have safe access for fire, police,
and emergency vehicles.
F.
The proposed rear lots shall not result in degradation
of important natural resource and landscape features, including but
not limited to ponds, streams, steep slopes, ridgelines, and wetlands.
G.
When necessary to satisfy the criteria in Subsection F above, the Planning Board may require the applicant to grant a conservation easement or restrictive covenant enforceable by the Town that designates where the house, driveway, and utilities may be constructed on the rear lot, and requires preservation of the remainder of the lot as open space.
A.
Small-scale development is any development of land
in the RA District that results in the creation of no more than two
new residential lots (excluding the parent parcel from which they
are subdivided), subject to the following standards.
(1)
For parcels that are greater than 15 acres, the two
new lots shall consume no more than 25% of the land area of a parcel.
(2)
For parcels of 15 acres or less, the two new lots
may consume more than 25% of the land area of a parcel. However, the
parcel may not be further subdivided beyond the total of three lots
created through this process. This restriction on future subdivision
shall be noted on the approved subdivision plat.
C.
The dimensional regulations for small-scale development
lots are as follows where a subsurface septic system is permitted.
All dimensions are in feet, unless otherwise indicated:
|
Small-Scale Development Dimensional Table
| |||
|---|---|---|---|
|
Minimum lot size
|
2 acres
| ||
|
Minimum road frontage (feet):
| |||
|
Town road
|
150
| ||
|
County/State road
|
200
| ||
|
Minimum front yard setback (feet):
| |||
|
Town road
|
30
| ||
|
County/State road
|
50
| ||
|
Minimum side yard setback (feet)
|
30
| ||
|
Minimum rear yard setback (feet)
|
50
| ||
|
Maximum impervious surface coverage
|
10%
| ||
|
Maximum height
|
35
| ||
D.
If more than two residential lots are proposed for subdivision from the parent parcel at any time on a parcel greater than 15 acres, the application for a third subdivided lot (the fourth lot including the parent parcel) shall require a conservation analysis and the application shall be treated as an application for open space development under the provisions of § 220-20. Such application shall take account of the two lots previously subdivided as if they were part of the new application and such lots shall count toward the total permitted number of dwelling units on the parcel, and their area shall be counted in determining the required amount of open space to be preserved.
