Overlay districts do not change the use and
dimensional requirements of the underlying land use district unless
specifically stated in this article. They are not intended to prohibit
development but rather to assure that the siting and design of development
is sensitive to environmental and historic resources and constraints.
A.
Purpose. The purpose of the Conservation Development
Overlay District is to require the use of conservation development
design principles to preserve open space and viable agricultural lands.
The Conservation Overlay District is intended to protect the Town's
natural environment, provide for a balance between developed and undeveloped
land, protect air quality, and to provide adequate open areas for
recreation and conservation. Conservation development is a form of
design that preserves important natural resources and open space while
still allowing for development to occur. The following provisions
intend to achieve a balance between well-designed development, meaningful
open space conservation, and natural resource protection in the portions
of the Town of Colonie covered by the Conservation Development Overlay.
Conservation development will preserve tracts of environmentally,
scenically and recreationally significant undeveloped land and preserve
contiguous open spaces and important scenic and environmental resources
while allowing compact development and creating more walkable and
bikeable neighborhoods.
B.
Applicability. These regulations shall apply to all
site plan development and subdivisions of property within the Conservation
Development Overlay unless:
(1)
The development is a minor site plan development.
(3)
The Planning Board determines, based upon the conservation
analysis outlined below, that there is no reasonable basis for requiring
conservation development. The Board may then approve a conventional
development of the site. In order for the Planning Board to make such
a determination, the applicant must demonstrate at least one of the
following:
(a)
The land contains no resources with conservation
value;
(b)
The acreage is too small to preserve a substantial
amount of land with conservation value (this criterion shall not be
circumvented by piecemeal subdivision of larger tracts); or
(c)
The lot configuration is unique and precludes
preservation of a substantial amount of land with conservation value.
(4)
In order to make the required showing, the applicant
must also demonstrate that the parcel does not adjoin other land that,
when combined with open space on the parcel, would result in the preservation
of a substantial amount of land with conservation value (including
any portion of a designated trail corridor), regardless of whether
or not the adjoining parcels have been protected as open space.
(5)
An approval of a conservation development shall refer
to the conservation findings and may be conditioned upon the protection
by conservation easement of portions of the site identified in the
conservation analysis and findings as having conservation value.
C.
Standards for conservation development.
(1)
Density calculation.
(a)
Residential. The number of residential units
permitted on a lot is calculated following the steps below:
[1]
Determine the acreage of unconstrained land
on the lot. Unconstrained land is the total acreage of the proposed
development parcel excluding constrained land.
[2]
Determine the number of permitted residential
units on the lot. Multiply the acres of unconstrained land by the
base residential density for the district, as set forth in the Dimensional
Table included in the dimensional requirements and density incentives
article of this chapter.[2] Round down fractional units of 0.5 or less and round up
fractional units greater than 0.5. The resulting number is the base
residential density.
[2]
Editor's Note: The Dimensional Table is included at the end of this chapter.
(b)
Commercial. The allowable commercial development
on a lot is calculated following the steps below:
[1]
Determine the acreage of unconstrained land
on the lot. Unconstrained land is the total acreage of the proposed
development parcel excluding constrained land.
[2]
Determine the permitted gross floor area on
the lot. Multiply the acres of unconstrained land by the base commercial
density for the district, as set forth in the Dimensional Table included
in the dimensional requirements and density incentives article of
this chapter. Round down fractional units of 0.5 or less and round
up fractional units greater than 0.5. The resulting number is the
base commercial density.
[Amended 8-28-2008 by L.L. No. 8-2008]
D.
Conservation analysis.
(1)
As part of its site plan or subdivision review, an
applicant shall prepare a conservation analysis, consisting of inventory
maps, description of the land and an analysis of the conservation
value of various site features. The conservation analysis shall show
lands with conservation value, including but not limited to the following:
(a)
Constrained land.
(b)
Open space and recreational resources.
(c)
Buffer areas (define to include screening and
environmental buffers).
(d)
Land exhibiting present or potential recreational,
historic, archeological, ecological, agricultural, water resource,
scenic or other natural resource values.
(2)
The conservation analysis shall describe the importance
and the current and potential conservation value of all land on the
site. In the course of conceptual site plan or subdivision review,
the Planning Board shall indicate to the applicant which of the lands
identified as being of conservation value are most important to preserve.
(3)
The outcome of the conservation analysis and the Planning
Board's determination shall be the identification of land to be preserved
by a permanent easement. The conceptual site plan or subdivision plan
shall also show preferred locations for intensive development as well
as acceptable locations for less dense development.
(4)
The final determination as to which land has the most
conservation value and should be protected from development shall
be made by the Planning Board. Whenever the Planning Board approves
a plan with protected open space, it shall make written findings identifying
the specific conservation values protected and the reasons for protecting
such land (the "conservation findings"). The Planning Board shall
not approve development without a complete conservation analysis sufficient
for the Board to make its conservation findings.
(5)
The Planning Board may determine that limited areas
of constrained land may be disturbed in order to secure a reasonable
development of the site consistent with the findings of the conservation
analysis. In that event, a portion of the site twice the area of the
constrained lands to be disturbed shall be set aside from the lands
identified as being of conservation value and treated as constrained
lands for the purposes of the density calculation and concept plan
preparation.
(6)
The conceptual plan shall show the constrained land
identified by the analysis described above and at least 40% of the
land not constrained as land to be preserved.
E.
Lot sizes in conservation subdivisions.
(1)
After the final residential and/or commercial densities
are determined, there shall be no mandatory minimum lot size in a
conservation development. The Planning Board shall determine appropriate
lot sizes in the course of its review.
(2)
In order to permit a clustered lot configuration,
wells and septic systems may be located in common areas of protected
open space, provided that necessary easements are provided for maintenance
of these facilities.
F.
Other area and dimensional requirements.
[Amended 8-28-2008 by L.L. No. 8-2008]
(1)
There shall be no minimum required area, bulk, or
dimensional standards in a conservation development, except that where
such development abuts an existing single-family dwelling, a suitable
buffer area shall be required by the Planning Board.
(2)
The applicant shall specify dimensional requirements
for a proposed conservation subdivision by identifying setbacks and
other lot dimensions to be incorporated into the final site plan or
subdivision plan, subject to review and approval by the Planning Board.
G.
Conservation development design.
(1)
Compliance with subdivision rules and regulations.
All requirements of the rules and regulations of the Planning Board
with respect to the development and approval of subdivision plans
shall be complied with except insofar as the same may conflict with
specific requirements set forth herein. Where the requirements of
this article conflict with those contained in the subdivision regulations
of this chapter, the specific requirements set forth in this article
shall control.
(2)
Lots shall be arranged in a manner that protects land
with conservation value and facilitates pedestrian and bicycle circulation.
Permitted building locations or areas ("building envelopes") shall
be shown on the final site plan and/or subdivision plan.
(3)
Parking. Parking spaces shall be a minimum of nine
feet wide and 18 feet long. Each dwelling unit shall have at least
two exterior off-street parking spaces. Common parking areas shall
also be provided, with at least 1/2 additional parking space for each
dwelling unit. These common parking areas shall be no further than
250 feet from the dwelling unit they are intended to serve. The Planning
Board may waive the requirement for common parking areas if the applicant
demonstrates that sufficient exterior off-street parking is available
on the individual lots. Curbing, fencing or other physical barriers
shall be provided as approved by the Planning Board to prevent encroachment
onto landscaped areas by vehicles.
(4)
Snow clearance and removal. The means employed to
remove snow and ice from sidewalks, parking lots and driveways must
be sufficient to safely and adequately handle the volume of snow and
ice reasonably anticipated to be deposited by nature on the site,
without subjecting green space areas to damage, and while maintaining
the minimum required parking spaces. Provisions for winter snow storage
for common parking areas shall be included as an integral part of
the project plan, and such snow storage provisions shall not reduce
the number of parking spaces beyond the minimum number established
by these rules. A plan for snow removal rather than storage shall
not be an acceptable alternate.
(5)
Design elements review. The design elements of the
project shall be in harmony with the natural environment and in keeping
with the character of the adjacent land uses.
H.
Special standards for areas influenced by Albany Pine
Bush Preserve.
(1)
Native Albany Pine Bush species will be used to landscape
new commercial, industrial and residential buildings to the greatest
extent practicable. New landscaping shall not consist of known invasive
species. A list of native Albany Pine Bush species shall be made available
at the applicant's request.
(2)
Sufficient open space shall be provided to permanently
protect ravines, major dunes, pine barrens vernal ponds, rare and
endangered species habitat or to connect other preservation lands.
All development proposals will be designed in such a way as to ensure
the proper management of the open space lands and shall be consistent
with the conservation development concept. Protection efforts can
include, but are not limited to, land dedications to the Albany Pine
Bush Preserve, set-asides, donations and conservation easements.
(3)
Where practical, parking shall be provided by several
small lots as opposed to one large one.
(4)
There should be no general leveling and clearing of
any site. Construction should follow the contour of the land and not
destroy trees or natural features except where necessary for the building
of foundations and approved parking and paved areas.
(5)
All lighting fixtures used to provide exterior security
or parking lot lighting shall utilize high-pressure sodium vapor lights
as opposed to mercury vapor or other lighting fixtures and otherwise
comply with Town lighting requirements. The use of excessive dusk-to-dawn
exterior lighting shall be discouraged.
(6)
Where practical and when excess sand from projects
is available, applicants should consider donating such excess sand
to the Albany Pine Bush Preserve Commission.
I.
Road standards. Notwithstanding any other road construction
requirements promulgated by the Town of Colonie, the size of roads
built within conservation subdivisions may be reduced at the discretion
of the Planning Board and with approval of the Superintendent of Highways.
J.
Permanent open space. Open space set aside in a conservation
development shall be permanently preserved. The open space protected
pursuant to this article must have conservation value, which shall
be determined in the course of the conservation analysis described
above.
K.
Preservation by permanent easement or deed restriction.
[Amended 2-16-2012 by L.L. No. 3-2012]
(1)
Where acceptable to the Town, a perpetual easement restricting development
of the open space land and allowing use only for agriculture, forestry,
passive recreation, protection of natural resources or similar conservation
purposes shall be granted to the Town, with the approval of the Town
Board, and/or to a qualified not-for-profit conservation organization
acceptable to the Planning Board. Such easement shall be approved
by the Planning Board and required as a condition of final approval.
The Planning Board shall require that the easement be enforceable
by the Town if the Town is not the holder of the easement. The easement
shall be recorded in the County Clerk's Office.
(2)
Where a perpetual easement is not acceptable to the Town, deed restrictions
restricting development of the open space land and allowing use only
for agriculture, forestry, passive recreation, protection of natural
resources or similar conservation purposes will be required as a condition
of final approval. All deeds containing such restrictions shall be
recorded in the County Clerk's Office.
(3)
The easement or restriction shall prohibit residential, industrial
or commercial use of open space land (except in connection with agriculture,
forestry, and passive recreation) and shall not be amendable to permit
such use. Driveways, wells, underground sewage disposal facilities,
local utility distribution lines, stormwater management facilities,
trails and agricultural structures shall be permitted on preserved
open space land with Planning Board approval, provided that they do
not impair the conservation value of the land. Forestry shall be conducted
in conformity with applicable best management practices as described
by the New York State Department of Environmental Conservation's Division
of Lands and Forests.
(4)
A land management plan, approved by the Planning Board, may be required.
The easement or restriction shall provide that if the Town Board finds
that the management plan has been violated in a manner that renders
the condition of the land a public nuisance, the Town may, upon 30
days' written notice to the owner, enter the premises for necessary
maintenance and that the cost of such maintenance by the Town shall
be assessed against the landowner or, in the case of a homeowners'
association (HOA), the owners of properties within the development
and shall, if unpaid, become a tax lien on such property or properties.
(5)
Preserved open space may be included as a portion of one or more
large lots or may be contained in a separate open space lot. The easement
or restriction may allow dwellings to be constructed on portions of
lots that include preserved open space land, provided that the total
number of dwellings permitted by the easement or restriction in the
entire subdivision is consistent with applicable density limitations.
L.
Ownership of open space land.
[Amended 2-16-2012 by L.L. No. 3-2012]
(1)
Open space land may be owned by an HOA, offered for dedication to
Town, county or state governments, transferred to a not-for-profit
organization acceptable to the Planning Board, held in private ownership
or held in such other form of ownership as the Planning Board finds
appropriate to properly manage the open space land and to protect
its conservation value.
(2)
If the land is owned by an HOA, such HOA shall be established in
accordance with the following:
(a)
The HOA application must be submitted to the New York State
Attorney General's Office before the approved subdivision final plan
is signed and must comply with all applicable provisions of New York
State law. The HOA must be approved by the New York State Attorney
General's Office prior to issuance of the first building permit.
(b)
Membership must be mandatory for each lot owner, who must 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 HOA must be responsible for liability insurance and property
taxes for common lands, and the maintenance of recreational facilities,
private roads, driveways and parking areas, and other common facilities.
(d)
Property owners must be required to pay their prorated share
of the costs, and the assessment levied by the HOA must be able to
become a lien on the individual homeowners' properties.
(e)
The HOA must be able to adjust the assessment to meet changed
needs.
(f)
The applicant shall make a conditional offer of dedication to
the Town binding upon the HOA for all open space intended to be conveyed
to the HOA. The filing in the County Clerk's Office of a subdivision
map depicting such open space shall be considered an offer of dedication.
Such offer may be accepted by the Town, at the discretion of the Town
Board, 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.
(g)
Ownership shall be structured in such a manner that real property
taxing authorities can satisfy property tax claims against the open
space lands by proceeding against individual owners in the HOA and
the dwelling units each owns.
(h)
The Town Attorney's Office shall find that the HOA documents
presented satisfy the conditions above and such other conditions as
the Planning Board shall deem necessary.
M.
Conservation development procedures. The conservation
development shall follow the same site plan and/or subdivision process
contained in this chapter, subject to the additional provisions contained
herein.
The purpose of the Historic Overlay District
is to recognize the importance of the Loudon Road Historic District
and the Watervliet Shaker Historic District.
Special conditions and restrictions.
A.
District limits. The limits of the Airport Noise Overlay
Districts shall be the boundaries of the Year 2000 65-70 DNL and 70+
DNL noise impacts areas, as delineated in the Albany County Airport
F.A.R. Part 150 Noise Compatibility Study Record of Approval. DNL
noise levels represent a twenty-four-hour average sound level, in
decibels, averaged over a year, with 10 decibels added for noise occurring
between 10:00 p.m. and 7:00 a.m.
B.
Land use and standards table. In order to protect
the public from conflicts arising due to incompatible land uses being
developed adjacent to the Albany International Airport, the uses otherwise
permitted within any district shall, when lying within an Airport
Noise Impact Overlay District, be subject to conditions and restrictions
as set forth in the land use and standards table.[1]
[1]
Editor's Note: The Airport Noise Impact Overlay District Land Use and Standards table is included at the end of this chapter.
C.
Exempt uses. The following uses shall be exempt from
these conditions and restrictions:
(1)
Existing uses. Uses existing on the effective date
of this chapter shall not be required to change in order to comply
with these regulations. The nonconforming use requirements of this
chapter shall apply to the future applicability of the standards and
requirements contained herein.
(2)
Temporary uses. Temporary uses, including but not
limited to public celebrations and outdoor entertainment events, so
long as the period of operation does not exceed five days. A variance
may be requested to extend the time period for a temporary use.
(3)
Temporary structures. Temporary buildings and structures
that are not used for residential purposes and which meet applicable
requirements as contained within this chapter, so long as such uses
and associated structures are constructed incidental to a permitted
use, as per the requirements of this chapter.
(4)
Accessory uses and structures. Accessory uses and
structures incidental to a permitted principal structure or use and
within the intent, purposes or objectives of these regulations.
(5)
Historic structures. Structures listed on the National
Register of Historic Places or on official state or local registers
of historic places may be exempt from the sound insulation requirements
of this section if they compromise the architectural or historic integrity
of the buildings.
D.
Relation to existing laws, ordinances, and regulations.
This section shall not be construed to repeal the provisions of existing
laws, ordinances and regulations established by housing, building
and zoning requirements for the Town. When the underlying zoning and
the overlay zoning are in conflict or are not consistent, the most
restrictive regulations shall apply.
A.
The provisions of this article with respect to Conservation
Overlay Districts shall be primarily administered and enforced by
the PEDD, which shall have the power to make necessary inspections.
B.
The provisions of this article with respect to Airport
Noise Impact Overlay Districts shall be primarily administered and
enforced by the Building Department, which shall have the power to
make necessary inspections.
