Grouping of residences in clusters will permit individual minimum
lot sizes (as zoned) to be reduced, provided that overall density
within the subdivision is maintained. The remaining undeveloped area
within the subdivision can be used to provide common conservation
area and preserve the scenic qualities of an applicable environmentally
sensitive area. Grouping of residences will facilitate common water
and sewage disposal systems and encourage the improved use of the
land respecting the preservation of natural resources.
The amount of conservation area created in a subdivision shall be based on the zone in which the property is located. If a piece of property is located in Zone 1, at least 50% of land within the subdivision shall be devoted to a conservation area. If the property is located in Zone 2, at least 25% of land within the subdivision shall be devoted to a conservation area. These amounts of conservation areas can be reduced based on provisions in §
361-4 of this chapter.
A. Conservation areas may consist of wetlands, lands that are generally
inundated (under ponds, lakes, creeks, etc.), land within the one-hundred-year
floodplain, slopes exceeding 25%, and soils subject to slumping, and
other lands that are not part of the platted lots or public right-of-way.
Conservation areas shall be protected through a conservation easement
or actual land dedication to the public. This may be accomplished
by the following means:
(1) All lands within conservation areas are required to be protected
by a permanent conservation easement, prohibiting further development
and setting other standards safeguarding the site's special resources
from negative changes.
(2) Conveyance to owners of lots in the development. If the land is to
be reserved for use by owners of lots in the development, the land
shall be conveyed for use to a homeowners' association or similar
legally constituted body, which shall also maintain the conservation
easement.
(3) Dedication to the Town of Vinland or other governmental body or a
recognized land trust or conservancy. Lands dedicated to the public
must be accepted by appropriate action of the governing body of the
accepting unit of government. Lands dedicated to the Town of Vinland
shall be clearly noted on the face of the final plat as dedicated
to the Town of Vinland. Public street dedication shall meet the conditions
of a Town of Vinland developer's agreement.
(See § 361-65 of this section for specific requirements governing these two forms of conservation area dedication).
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B. Conservation areas shall be designated as undivided open space to
facilitate easement or land dedication monitoring and enforcement
and to promote appropriate management by a single entity according
to approved land management standards.
C. Water supply and sewage disposal shall meet the minimum standards
of all state, county, sanitary district or Town regulations.
D. The design standards, as outlined within this chapter, may, at the
discretion of the Town Board, be relaxed as an incentive in developing
cluster subdivisions. Standards that can be relaxed in order to permit
more creative land division design include, but are not limited to,
lot sizes.
The Plan Commission and Town Board shall evaluate cluster subdivisions
to determine whether the proposed conceptual preliminary plan:
A. Protects and serves all floodplains, wetlands and steep slopes from
clearing, grading, filling or construction (except as may be approved
by the Town for essential infrastructure or active or passive recreation
amenities).
B. Preserves and maintains mature woodlands, existing fields, pastures,
meadows and orchards, and creates sufficient buffer areas to minimize
conflicts between residential and agricultural uses.
C. If development must be located on open fields or pastures because
of greater constraints in all other parts of the site, dwellings should
be sited on the least prime agricultural soils, or in locations at
the far edge of a field, as seen from existing public roads. Other
considerations include whether the development will be visually buffered
from existing public roads, such as by a planting screen consisting
of a variety of trees, shrubs and wildflowers.
D. Maintains or creates an upland buffer of natural native species vegetation
of at least 75 feet in depth adjacent to wetlands and surface waters,
including creeks, streams, springs, lakes and ponds.
E. Designs around existing hedgerows and tree lines between fields or
meadows and minimizes impacts on large woodlands (greater than five
acres), especially those containing many mature trees or a significant
wildlife habitat. Also, woodlands of any size on highly erodible soils
with slopes greater than 10% should be avoided. However, woodlands
in poor condition with limited management potential can provide suitable
locations for residential development. When any woodland is developed,
great care shall be taken to design all disturbed areas (for buildings,
roads, yards, septic disposal fields, etc.) in locations where there
are no large trees or obvious wildlife areas, to the fullest extent
practicable.
F. Leaves scenic views and vistas unblocked or uninterrupted, particularly
as seen from public thoroughfares. In wooded areas where the sense
of enclosure is a feature that should be maintained, a deep "no-build,
no-cut" buffer should be respected, to preserve existing vegetation.
G. Protects wildlife habitat areas of species listed as endangered,
threatened or of special concern by the U.S. Environmental Protection
Agency.
H. Designs around and preserves sites of historic, archaeological or
cultural significance and their environs, insofar as needed to safeguard
the character of the feature, including stone walls, barn foundations,
cellar holes, earthworks, and burial grounds.
I. Protects rural roadside character and improves public safety and
roadway carrying capacity by avoiding development fronting directly
onto existing public roads.
J. Provides mature landscape plantings equal to at least five trees
(mixture of ornamental and shade tree) per each residential unit,
interspersed throughout the subdivision in areas void of trees, cul-de-sac
islands, and in visually strategic locations that will add aesthetic
appeal to the overall development.
K. Provides open space that is in a reasonably contiguous configuration.
Fragmentation of open space should be minimized and not divided into
numerous small parcels located in various parts of the development.
To the greatest extent practicable, open space shall be designed as
a single block with logical, straightforward boundaries. Long thin
strips of conservation land shall be avoided, unless the conservation
feature is linear or unless such configuration is necessary to connect
with other streams or trails. The open space should generally abut
existing or potential open space land on adjacent parcels (such as
in other subdivisions, public parks or properties owned by or leased
to private land conservation organizations). Such subdivision open
space shall be designed as part of larger contiguous and integrated
greenway systems, as per the policies in the Parks and Open Space
and Multi-Purpose Trails Implementation Section of the Town's Land
Use Plan.