The provisions of this chapter regulating residential
uses shall be subject to such exceptions, additions or modifications
as herein provided by the following supplementary regulations:
At all street intersections in all residential
areas no obstructions to vision exceeding 30 inches in height above
curb level shall be erected or maintained on any lot within the triangle
formed by the street lines of such lot and a line drawn between points
along such street lines 30 feet distant from their point of intersection.
Lots shown on a subdivision plat, filed with
the County prior to the approval of plats by the Town Planning Board,
may be used for one-family dwellings, provided that:
A. Said plat shall be submitted to the Town Planning Board for resubdivision approval in accord with Chapter
181, Subdivision of Land.
B. At the time said plat is reviewed by the Planning
Board it shall contain within its boundaries at least 10 dwellings,
each having a lot area of less than 15,000 square feet, or said plat
shall be adjacent to a built-up area containing, within 500 feet,
10 dwellings, each having a lot area of less than 15,000 square feet.
C. Each lot in said plat shall comply with the following
conditions to all other applicable requirements:
(1) The minimum lot area shall be 12,500 square feet.
(2) The minimum lot width shall be 90 feet, the minimum
lot depth shall be 110 feet.
(3) The minimum front and rear yards shall be 30 feet,
the minimum side yard shall be 20 feet.
(4) The minimum livable floor area shall be 600 feet.
(5) There shall be a minimum of two off-street parking
spaces per dwelling unit.
(6) The maximum coverage shall be 35%, maximum height
shall be 2 1/2 stories or 35 feet.
[Amended 5-17-007 by L.L. No. 2-2007]
A. Purposes. The purpose of conservation subdivision
is to enable and encourage flexibility of design and development of
land in such a manner as to preserve the natural and scenic qualities
of open lands.
B. Applicability; location.
(1) Conservation subdivisions are applicable in all zoning
districts of the Town.
(2) An applicant for subdivision approval may propose
or the Planning Board, in its discretion, may require the submission
of a conservation subdivision plat where the Planning Board finds
that a conservation subdivision is appropriate. The Planning Board
may require a conservation subdivision only on subdivision applications
that propose more than five lots. The parcel to be subdivided must
consist of at least 30 acres.
(3) In order for the Planning Board to require a conservation
subdivision without the applicant's consent, the Planning Board must
find that a conservation subdivision is appropriate for the particular
parcel of land in question and its location based upon the following
criteria:
(a)
The purpose for conservation subdivisions as set forth in Subsection
A above will be furthered;
(b)
The open space to be preserved via a conservation
subdivision will not be as effectively preserved by any other method;
(c)
The open space to be preserved via a conservation
subdivision is of value to the community and will preserve or enhance
the rural character of the Town;
(d)
The site features and constraints will allow
for a feasible clustered or conservation lot layout; and
(e)
The soils and water supply are sufficient to
service each lot in the conservation subdivision lot layout.
C. Density standards.
(1) Overall density. The maximum number of lots permissible
in a conservation subdivision shall in no case exceed the maximum
number of lots permissible in a conventional subdivision for the same
parcel of land if the parcel was subdivided via a conventional subdivision
where the lots conform to the minimum lot size, density, and other
requirements otherwise applicable to the district or districts in
which such parcel of land is located.
(2) Density calculation. The applicant shall submit a
sketch plan for a conventional subdivision conforming to the minimum
lot size, requirements and standards otherwise applicable to the district
or districts in which the subdivision is located in order to establish
the number of dwelling units permitted in a conservation subdivision.
Said sketch plan must show that each lot meets the minimum lot size
and area requirements for the zoning district in which it is located
and that each lot shown can be developed as a viable single-family
residential lot. Except as specified herein, all development standards
and controls normally applicable to conventional subdivisions shall
also be applicable to conservation subdivisions. Thus, areas of land
needed for roads and infrastructure as well as site constraints that
limit the number of lots in a conventional subdivision shall be taken
into account in determining the number of lots allowable in a Conservation
Subdivision. The area of lands which may be required for parks, playgrounds
or recreation areas in a Conservation Subdivision, if any, or a fee
in lieu of such parks, playground or recreation areas, shall in no
case exceed the area of such lands that may be required in a conventional
subdivision. However, the area of lands which would be required in
a conventional subdivision for parks, playgrounds or recreation lands
pursuant to the Town's Subdivision Regulations shall be excluded in
determining the number of lots permitted in a Conservation Subdivision.
(3) The maximum number of single-family lots that may
be approved in a cluster development shall be computed by subtracting
the areas of all lands which are defined as follows from the gross
area and then dividing the resultant developable land area by the
allowable lot area as defined in this section. Areas to be subtracted
from the gross area are:
(a)
All areas with slopes of 15% and greater.
(b)
All wetland areas as designated by the N.Y.S.
Department of Environmental Conservation, those for which a positive
jurisdictional determination is or would be received from the U.S.
Army Corp of Engineers as well as areas identified by the Planning
Board (via consultants) to be a continuously wet area unsuitable for
development or areas subject to flooding as identified by regulatory
agencies.
(c)
All areas which will be required for stormwater
management facilities, including conveyances, storage, treatment,
discharge and disposal facilities.
(d)
All areas that are indicated to be comprised
of soils deemed unsatisfactory for subsurface sanitary sewer development
as delineated in the Soil Survey of Orange County, New York, year
of latest revision.
(e)
In the event that the total in Subsection
C(3)(a) through
(d) above does not equal 20% of the gross area or greater, an area of 20% of the gross area shall be subtracted for purposes of determining the maximum number of lots which may be created.
D. Development standards.
(1) Lot sizes and layout. The intent of this section is
to allow flexibility of design that allows for enhancement of rural
character and conservation of open space. Lots should vary in size
and shape and should utilize existing land features in configuration
of the lots.
(a)
Minimum lot size. The minimum lot size allowed
in a conservation subdivision shall be no less than one acre.
E. Open space requirements.
(1) Amount of open space required. The size of the open
space shall be determined on a case-by-case basis with the final determination
to be made by the Planning Board in its discretion upon review of
the subdivision application. The portion of the subdivision tract
to be set aside for open space conservation shall be of such minimum
dimensions and size as to be functional for its intended purpose,
taking into consideration environmental, density and other site-specific
factors. Fifty percent of the parcel shall be preserved as open space,
if practical.
(2) Location. Open space areas shall be convenient to
the dwelling units they are intended to serve and shall be sited with
sensitivity to surrounding land features and development. Open space
areas shall be integrated wherever possible into a connected open
space system within the development as well as outside the development.
Open space areas should form a contiguous system with other open space
areas in the vicinity of the subdivision development to the maximum
extent practicable.
(3) Use of open space areas. Open space areas may include
features and improvements for active and/or passive recreation, provided
that such features do not materially detract from the purpose for
preservation of the open space. As a general principle, open space
areas should be left in their natural state. Accepted conservation
management techniques may be employed to maintain its natural state
and allow for passive recreational opportunities such as, but not
limited to, hiking trails, cross-country skiing or snowshoeing trails,
picnic areas, etc. Where appropriate, active recreational facilities
may be included in the open space areas. In addition, farming activities
are allowed to continue on open space areas pursuant to an agricultural
easement or other suitable arrangements. Where active agricultural
lands are set aside in a Conservation Subdivision, such lands may
remain in active agricultural use.
(4) Deed restrictions. Any lands set aside for open space
purposes shall contain appropriate easement, deed covenants, conditions
and restrictions approved by the Planning Board and/or the Town Attorney,
ensuring that:
(a)
The open space area or areas will not be further
subdivided or developed in the future;
(b)
The designation of the open space will continue
in perpetuity for the purposes specified;
(c)
Appropriate provisions are made for the continual
maintenance management and use of the open space with the purpose
in preserving the open space;
(d)
The delegation of authority for management of
the open space area is appropriately placed in the owner or owners
of the open space area;
(e)
The open space area will not be able to be converted
or used for a for-profit commercial enterprise except for agricultural
uses;
(f)
The easements, deed covenants, conditions and
restrictions shall be recorded against the parcel with reference to
such recording made in each deed of conveyance of each lot and shall
be enforceable by the Town.
(5) Open space ownership. The type of ownership of the
land set aside for open space shall be selected by the applicant subject
to the approval of the Planning Board. An acceptable type of ownership
may include, but is not necessarily limited to, the following:
(a)
Land preservation or conservation organizations
or trusts;
(b)
Public agencies or governmental bodies;
(c)
The Town, subject to acceptance by the Town
Board;
(d)
The owner or owners of an individual lot or
lots in the subdivision;
(e)
Homeowners' associations with the following
requirements:
[1]
The homeowners' association must be established
prior to the conveyance of any lot or parcel within the proposed subdivision;
[2]
Membership must be mandatory for each lot owner,
and each lot owner must have an equal voting right within the association;
[3]
The association's organizational documents must
be submitted to and approved by the Planning Board and/or its attorney,
as part of the subdivision approval process and must also be approved
by the Office of the Attorney General of New York State if required
by applicable laws, rules or regulations;
[4]
An estimate of the association's annual budget
must take into account insurance, property taxes, and maintenance
of the open space areas as well as other shared common areas or facilities
such as access roads and recreational areas;
[5]
The association must be able to adjust the homeowners'
fees or assessments on an annual basis and be able to collect and
enforce the payment of annual fees or assessments;
[6]
The association cannot be dissolved without
a vote of the association's membership and without the conveyance
of the open space and common facilities to an entity acceptable by
the Planning Board; and
[7]
The deed conveying title to each individual
lot in the subdivision must include reference to the fact that the
conveyance is subject to and includes membership in a homeowners'
association pursuant to deed covenants either set forth in each deed
or recorded against the entire subdivision. Both grantors and grantees
should sign deeds of conveyance to ensure purchasers or grantees are
aware of the homeowners' association requirements, obligations and
fees, if any.
(6) Process in determining design. In order to effectively
create a conservation subdivision, the applicant, in consultation
with the Planning Board should:
(a)
Identify the area or areas of the parcel to
be subdivided which are to be conserved as open space and the area
or areas which are to be utilized for development;
(c)
Align streets, trails and infrastructure; and
(7) Exception to or waiver of requirements or standards.
The Planning Board may permit minor deviations to, or waive, certain
open space requirements or standards when it determines that:
(a)
The objectives underlying the open space standards
and requirements can still be met with such deviations or waivers;
and/or
(b)
Because of peculiarities in the tract of land
proposed for subdivision or the development proposed, it would be
unreasonable to require strict adherence to such requirements or standards.
(8) The setting aside of open space, forested land, or
active agricultural land in a conservation subdivision shall in no
case preclude the Planning Board from requiring the dedication of
an area or areas for parks, playgrounds or recreation lands within
the subdivision pursuant to the Town of Greenville Subdivision Regulations
or other provisions of the Town Code.
F. Procedure. Notwithstanding any requirements established
in this section, the proposed plat of a conservation subdivision shall
be subject to the application procedures established in the Town of
Greenville Subdivision Regulations and shall be subject to public
review at the public hearing or hearings held pursuant to those regulations.
G. Provision of water and sewer or septic systems. Central
water and sewer systems are encouraged for conservation subdivisions.
H. Applicability. This section shall apply to all new
and/or pending subdivision applications which have not received a
preliminary plat approval prior to the effective date of this law.
In order to avoid monotony of architectural
design, no building permit shall be issued for the erection of a home
located within an approved subdivision plat if it is substantially
like any neighboring building which is existing or for which a building
permit has been issued or is being concurrently considered.
A. A building shall be considered neighboring if it fronts
on the same street as the building being considered and which is the
first or second house along the street in either direction or which
faces or is adjacent to the building that faces the building site
being considered from across the street.
B. In considering those items listed in Subsection
C below, a building shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback difference, in relative location of elements, and end-to-end or side-by-side reversal of elements shall be deemed to be alike in related location of such elements.
C. Buildings shall be considered substantially alike
unless they differ in at least three of the following respects or
dimensions:
(2) Relation of a garage visible from the street to the
principal building.
(3) Gables extended from the main roof visible from the
street.
(4) A major difference in facing or finishing for the
front elevation, such as brick, stone, cedar shakes, aluminum siding,
etc.
(5) The addition of dormer windows all visible from the
street.