[HISTORY: Adopted by the Town Board of the Town of Chatham 9-12-2006
by L.L. No. 4-2006. Amendments noted where applicable.]
A.
In conformance with the Town's Comprehensive Plan,
the purposes of conservation subdivision are as follows:
(1)
To conserve open land, including those areas containing
unique and sensitive natural features such as steep slopes, streams, floodplains,
critical wildlife habitats, and wetlands, as those terms are utilized in NYSDEC
regulation and/or federal endangered species legislation, by setting them
aside from development.
(2)
To protect agricultural areas by conserving blocks of
land large enough for continued agricultural operations.
(3)
To conserve elements of the Town's rural character,
and to minimize views of new development from existing roads.
(4)
To provide greater design flexibility and efficiency
in the siting of services and infrastructure, including the opportunity to
reduce the length of roads and the amount of paving required.
(5)
To provide for a diversity of lot sizes and housing choices
to accommodate a variety of age and income groups.
(6)
To create neighborhoods with direct visual or physical
access to open land and that have strong neighborhood identity that is consistent
with the rural character and traditional settlement pattern of the Town of
Chatham.
(7)
To provide standards reflecting the varying circumstances
and interests of individual landowners and the individual characteristics
of their properties.
B.
A conservation subdivision accomplishes the purposes
above by reducing the generally applicable minimum lot size and bulk requirements
of the Town of Chatham zoning for the district in which the property is located
and by locating residences in those areas where development would have the
least impact on identified natural and community resources.
A.
Applicability.
(1)
This section shall be applicable to land parcels for
which an application for approval of a major subdivision is submitted to the
Planning Board or to parcels greater than 50 acres in size and for which the
applicant seeks subdivision of such parcel into more than three parcels. In
addition, any applicant who so chooses may utilize these provisions.
(2)
If, based upon the information required to be presented in the existing resources and site analysis plan required by § 135-3A(1), the Planning Board finds that a site cannot be designed as a conservation subdivision because of unusual site constraints, the applicant may apply to the Planning Board to design the site as a conventional subdivision pursuant to Chapter 170, the Town of Chatham Subdivision Law, setting forth the reasons for the application and the good faith efforts of the applicant to evaluate the site for conservation subdivision. The Planning Board may request a meeting with the applicant and/or additional information from the applicant in considering the application and shall make a determination upon such request following a public hearing held in conformity with § 170-5 of the Town of Chatham Code.
B.
Permitted, accessory and special permit uses. Permitted,
accessory and special permit uses within a conservation subdivision shall
be the same as those otherwise allowed in the zoning district in which the
development is located.
C.
Density. The permitted number of dwelling units shall
not exceed the number of units that would be permitted if the land were subdivided
into lots conforming to the minimum lot size and density requirements of the
Town of Chatham zoning applicable to the district or districts in which such
land is situated and conforming to all other requirements of the Town of Chatham
zoning. The maximum permitted number of dwelling units shall be determined
by deducting from the total tract area:
Once the maximum permissible number of lots in a conservation subdivision
has been established, the next step is to create a design layout. This layout
shall include an identification of primary and secondary conservation lands
within a parcel(s), which includes those elements most highly valued by the
community.
A.
Sketch plan.
(1)
A sketch plan shall be submitted by the applicant as a diagrammatic basis for informal discussions with the Planning Board regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to facilitate an expedient review of proposed new subdivisions in conformance with the Town Zoning Law and Comprehensive Plan. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Board, the sketch plan shall include an existing resources map and site analysis plan and the completion of Step 1 of the four-step design process contained in Subsection C(1) of this section.
(2)
The existing resources and site analysis plan shall be
prepared to provide the applicant and the Planning Board with a comprehensive
analysis of existing conditions, both on the proposed development site and
within 500 feet of the site. Conditions beyond the parcel boundaries may be
generally described on the basis of existing published data available from
governmental agencies or from aerial photographs. The existing resources and
site analysis plan shall include the following information:
(a)
Slopes; slopes of 25% or greater.
(b)
Water resources: wetlands; aquifer and aquifer recharge
areas, if known; flood-prone areas as defined by the NYSDEC or as shown on
Federal Emergency Management Agency maps; streams; and other water bodies.
(c)
Agricultural lands: active farmland within a New York
State certified agricultural district, lands within 500 feet of a New York
State certified agricultural district, or soils classified in groups 1 to
4 of the New York State Soil Classification System.
(d)
Critical environmental areas: lands within or contiguous
to a critical environmental area designated pursuant to Article 8 of the Environmental
Conservation Law, if any.
(e)
Designated open space areas: lands contiguous to publicly
owned or designated open space areas or privately owned, designated natural
areas.
(f)
Historic structures and sites: historic structures or
areas having received national, state or local designation as such or for
which evidence exists that the Planning Board may document has significant
historic value, if any, on the subject matter tract of land or any adjoining
tract thereto.
(g)
Scenic viewsheds and special features: sites bordering
or in known scenic locations identified in the Town's Comprehensive Plan.
(h)
Significant natural areas and features: areas with rare
vegetation, significant habitats, or habitats of endangered, threatened or
special concern species as determined by the New York State Department of
Environmental Conservation (Natural Heritage Program); mature forests over
100 years old; locally important vegetation (such as trees over 24 inches
in diameter at breast height); or unique natural or geological formations.
(i)
Trails: existing and potential walking, hiking or equestrian
trails, bikeways, and pedestrian routes of Town, county or state significance.
(j)
Recreation: lakes, ponds or other significant recreational
areas or opportunities or sites.
(k)
Topography, the contour lines of which shall be at two-foot
intervals.
(l)
General locations of vegetative cover conditions on the
property according to general cover type, including cultivated land, grassland,
old field, hedgerow, woodland and wetland, isolated trees with a caliper in
excess of 12 inches, the actual canopy line of existing trees and woodlands.
(m)
Any ridgelines on the property shall be identified.
(n)
The location and dimensions of all existing streets,
roads, buildings, utilities and other man-made improvements.
(o)
All easements and other encumbrances of property which
are or have been filed of record with the Columbia County Clerk's office
shall be shown on the plan.
B.
Preliminary plan documents. A preliminary conservation subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of § 170-6 of the Town of Chatham Subdivision Law:
(1)
Preliminary plan. The submission requirements for a preliminary
plan include the requirements for sketch plans listed above and the submission
requirements of the Subdivision Regulations and the existing resources and
site analysis plan. The Planning Board shall review the preliminary plan to
assess its accuracy and thoroughness. Unless otherwise specified by the Planning
Board, such plans shall generally be prepared at the scale of one inch equals
100 feet or one inch equals 200 feet whichever would fit best on a single
standard-size sheet (24 inches by 36 inches).
C.
Four-step design process for conservation subdivisions.
All sketch plans shall include Step 1 of the four-step design process. All
preliminary plans shall include documentation of the four-step design process
in determining the layout of proposed open space lands, house sites, streets
and lot lines, as described below.
(1)
Step 1: delineation of open space lands. Proposed open
space lands shall be designated using the existing resources and site analysis
plan as a base map. Primary conservation areas shall be delineated comprising
streams and other water bodies, floodplains, wetlands and slopes over 25%.
In delineating secondary conservation areas, the applicant shall prioritize
natural and cultural resources on the tract in terms of their highest to least
suitability for inclusion in the proposed open space, in consultation with
the Planning Board, to create a prioritized list of resources to be conserved.
On the basis of those priorities and practical considerations given to the
tract's configuration, its context in relation to resource areas on adjoining
and neighboring properties, and the applicant's subdivision objectives,
secondary conservation areas shall be delineated to meet at least the minimum
area percentage requirements for open space lands and in a manner clearly
indicating their boundaries as well as the types of resources included within
them. Calculations shall be provided indicating the applicant's compliance
with the acreage requirements for open space areas on the tract. The result
is potential development areas.
(2)
Step 2: location of house sites. Potential house sites
shall be tentatively located, using the proposed open space lands as a base
map as well as other relevant data on the existing resources and site analysis
plan. House sites should generally be located not closer than 100 feet from
primary conservation areas and 50 feet from secondary conservation areas,
taking into consideration the potential negative impacts of residential development
on such areas as well as the positive benefits of such locations to provide
attractive views and visual settings for residences.
(3)
Step 3: alignment of streets and trails. Upon designating
the house sites, a street plan shall be designed to provide vehicular access
to each house, complying with the standards identified herein and bearing
a logical relationship to topographic conditions. Impacts of the street plan
on proposed open space lands shall be minimized, particularly with respect
to crossing environmentally sensitive areas such as wetlands and traversing
slopes exceeding 25%. Existing and future street connections are encouraged
to eliminate the number of new culs-de-sac to be maintained by the Town and
to facilitate access to and from homes in different parts of the tract and
adjoining parcels. Culs-de-sac are appropriate when they support greater open
space conservation or provide extensive pedestrian linkages.
(4)
Step 4: drawing in lot lines. Upon completion of the
preceding three steps, lot lines are drawn as required to delineate the boundaries
of individual residential lots.
(5)
Steps 2 through 4 may be completed contemporaneously,
if possible.
(6)
Note on the four-step site design process for hamlets
and adjoining villages. The design process for developing cluster subdivisions
in or adjacent to hamlets and villages shall be a variation on the four-step
process for conservation subdivisions, as described herein. In hamlets and
near villages, where traditional streetscapes are of greater importance, Steps
2 and 3 may be reversed, so that streets and squares are located during the
second step and house sites are located immediately thereafter. The first
step is to identify open space lands, including both primary and secondary
conservation areas.
A.
Dimensional standards. Within the framework of limitations
set forth in this section of the chapter, the Planning Board shall establish,
on a case by case basis, the appropriate modifications of lots and bulk and
other requirements which it has determined are necessary or appropriate to
properly accomplish the purposes of this chapter. Lots shall be arranged in
a way that preserves open space as conservation as described in this section.
(1)
Minimum required open space. A conservation subdivision
must preserve at least 50% of the tract's total acreage as open space
land. Parking areas and roads shall not be included in the calculation of
the minimum required open space. At least 50% of the minimum required open
space shall be usable for active recreational or agricultural activities and
not include wetlands or slopes exceeding 25%.
(2)
Minimum street frontage: 20 feet.
(3)
Yard regulations. The builder or applicant is urged to
consider variations in the principal building position and orientation but
shall have a minimum separation of 30 feet for principal buildings, with no
side yard less than 10 feet.
(4)
Maximum impervious coverage. No more than 35% of any
given acre shall be covered with impervious surface in the form of access
drives, parking areas or structures, except that the Planning Board, in its
discretion, may waive this requirement in appropriate situations to permit
denser clustering of buildings to facilitate a greater allocation of open
space.
(5)
Minimum lot size. The minimum lot size for developments
in fee simple ownership shall be equal to that required by the Columbia County
Department of Health to meet standards for water and septic system approvals.
(6)
Building envelopes shall be required for all lots.
B.
Open space standards.
(1)
The required open space land consists of a combination
of primary conservation areas and secondary conservation areas. The proposed
subdivision design shall strictly minimize disturbance of these environmentally
sensitive areas. Primary conservation areas shall be included in the required
open space area to the greatest extent practical. The applicant shall also
demonstrate that such features will be protected by the proposed subdivision
plan. Secondary conservation areas include special features of the property
that would ordinarily be overlooked or ignored during the design process such
as agricultural lands, woodlands, significant natural areas and features,
stone walls, hedgerows, meadows, historic structures and sites, historic rural
corridors, scenic viewsheds, and trails. Secondary conservation areas shall
be included in the required open space area to the greatest extent practical
such that protecting these resources will, in the judgment of the Planning
Board, achieve the purposes of this section. A deep no-build, no-plant buffer
is recommended along the road where those views or vistas are prominent or
locally significant.
(2)
Open space lands shall be laid out to enable, wherever
possible, an interconnected network of open space.
(3)
Active agricultural land with farm buildings may be used
to meet the minimum required open space land. Access to open space land used
for agriculture may be appropriately restricted for public safety and to prevent
interference with agricultural operations. Land used for agricultural purposes
shall be buffered from residential uses, either bordering or within the tract,
by a setback at least 200 feet deep, if practicable. No clearing of trees
or understory growth shall be permitted in this setback (except as may be
necessary for street or trail construction). Where this buffer is unwooded,
the Planning Board may require vegetative screening to be planted or that
it be managed to encourage natural forest succession through no-mow policies
and the periodic removal of invasive alien plant and tree species.
(4)
Open space land should generally remain undivided. No
individual parcel of common open space shall be less than one acre except
as to roadway median strips, traffic islands, walkways, trails, courtyards,
play areas, recreation facilities, drainageways leading directly to streams,
historic sites or unique natural features requiring common ownership protection.
(5)
No portion of any house lot may be used for meeting the
minimum required open space land unless encumbered with a restriction.
(6)
The required open space may be used, without restriction,
for underground drainage fields or for individual or community septic systems.
(7)
Stormwater management ponds or basins may be included
as part of the minimum required open space, as may land within the rights-of-way
for underground utilities. However, land within the rights-of-way of high-tension
power lines shall not be included as comprising part of the minimum required
open space.
C.
House lots.
(1)
House lots shall not encroach upon primary conservation
areas, and their layout shall respect secondary conservation areas.
(2)
Views of house lots from exterior roads and abutting
properties shall be minimized by the use of changes in topography, existing
vegetation, or additional landscaping as required by the Planning Board.
(3)
House lots shall generally be accessed from interior
streets, rather than from roads bordering the tract. New intersections with
existing public roads shall be minimized. Although two accessways into and
out of subdivisions containing 20 or more dwellings are generally required
for safety, proposals for more than two entrances onto public roads shall
be discouraged if they would unnecessarily disrupt traffic flow or unduly
impact the environment.
(4)
At least 3/4 of the lots shall directly abut or face
conserved open space, if practical.
D.
Streets, driveways and sidewalks.
(1)
Common driveway access may be provided. A pedestrian
circulation and/or trail system may be designated and installed sufficient
for the needs of residents and may be required by the Planning Board in appropriate
circumstances.
(2)
In general, conservation subdivision streets shall meet
the Town road specifications. However, where appropriate, the Planning Board
shall work with the Highway Department to ensure that the Town of Chatham
road specifications, normally applicable to conventional subdivisions, do
not impact or detract from the rural and environmental character of a conservation
subdivision. Any private roads may not be deeded to the Town unless the roads
are constructed or improved in full accordance with the Town road specifications
at the sole cost of the subdivider or the homeowners' association (HOA).
The HOA shall also be responsible for maintenance of private roads not accepted
by the Town. In the event that ownership is privately held without an HOA,
then a road maintenance agreement shall be required between the individual
owners and shall be recorded in the Columbia County Clerk's office.
(3)
From an aesthetic and speed control perspective, curving
roads are preferred in an informal rural cluster to avoid long straight segments.
Shorter straight segments connected by bends of 90° and 135° are preferred
in a more formal or traditional arrangement.
(4)
Whenever appropriate, street systems should produce terminal
vistas of open space in accordance with the conservation emphasis of the subdivision
design and to positively contribute to the Town's open space goals.
(5)
The use of reverse curves should be considered for local
access streets in conservation subdivisions in conjunction with long horizontal
curve radii (at least 250 feet) and where traffic speeds will not exceed 30
mph.
(6)
Single-loaded streets are encouraged alongside conservation
areas to provide views of the conservation lands for residents and visitors.
(7)
Landscaping of common areas and both sides of new streets
should be with native species of shade trees.
A.
Permanent protection of open space.
(1)
All undivided open space and any lot capable of further
subdivision shall be restricted from further subdivision through one of the
following:
(2)
The conservation easement or deed restriction shall restrict
development of the open space and allow the use of such space only for agriculture,
forestry, recreation or similar purposes. The Planning Board, with the advice
of Town Attorney, shall approve the form and content of any easement, declaration,
or restriction. The restriction shall be made a condition of the final plat
approval. A conservation easement will be acceptable if:
(a)
The conservation organization is acceptable to the Town
and is a bona fide conservation organization as defined in Article 49 of the
New York State Environmental Conservation Law.
(b)
The conveyance contains appropriate provisions for proper
reverter or retransfer in the event that the conservation organization or
the Town of Chatham becomes unwilling or unable to continue carrying out its
functions.
(c)
A maintenance agreement acceptable to the Town is established
between the owner and the conservation organization or the Town of Chatham
to insure perpetual maintenance of the open space.
(d)
The conservation easement or other legally binding instrument
shall permanently restrict the open space from future subdivision, shall define
the range of permitted activities, and, if held by a conservation organization,
shall give the Town the ability to enforce these restrictions.
(3)
Open space land may be held in any form of ownership
that protects its conservation values, such as where the open space is owned
in common by an HOA. Open space may also be dedicated to the Town, county
or state government, transferred to a nonprofit organization, or held in private
ownership. Any development permitted in connection with the setting aside
of open space land shall not compromise the conservation or agricultural value
of such open space land.
(a)
If the open space is to be owned by an HOA, the HOA must
be incorporated before the final subdivision plat is signed. The applicant
shall provide the Town with a description of the organization of the proposed
association, including its bylaws, and all documents governing ownership,
maintenance, and use restrictions for common facilities.
(b)
The open space restrictions must be in perpetuity.
(c)
If land is held in common ownership by a homeowners'
association, such ownership shall be arranged in a manner that real property
tax claims may be satisfied against the open space lands by proceeding against
individual owners and the residences they own. The HOA must be responsible
for liability insurance, local taxes and the maintenance of the conserved
land areas. The HOA shall have the power to adjust assessments to meet changing
needs.
(d)
The Planning Board shall find that the HOA documents
satisfy the conditions above.
(e)
Membership in the HOA must be mandatory for each property
owner within the subdivision and for any successive property owners in title
with voting of one vote per lot or unit, and the subdivider's control,
therefore, passing to the individual lot/unit owners on sale of the majority
of the lots or units.
(f)
The proposed association shall be established by the
owner or applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling units
in the development.
(g)
The association shall be responsible for liability insurance,
local taxes and maintenance of open space land, recreational facilities and
other commonly held facilities.
(h)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance for common facilities
must be given to all members of the association and to the Town no less than
30 days prior to such event.
(i)
The association shall have adequate resources to administer,
maintain, and operate such common facilities.
B.
Maintenance standards.
(1)
The owner of the open space shall be responsible for
raising all monies required for operations, maintenance, or physical improvements
to the open space through annual dues or special assessments.
(2)
Failure to adequately maintain the undivided open space
in reasonable condition as approved by the Planning Board is a violation of
the Subdivision Law. Upon appropriate authority or process, the Town may 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.
(3)
Standards regarding sewage treatment systems. Sanitary
sewage disposal systems of either an individual or community nature may be
located within or extend into required open space areas, provided that subsurface
sewage disposal methods are employed, all required separation distances are
observed and the ownership and maintenance responsibilities associated therewith
are clearly defined in agreements submitted for approval as part of the subdivision
application. No application shall be approved that does not provide lot buyers
with both the legal authority and the responsibility, individually or collectively,
to maintain all sewer facilities on a continuing basis. This may include the
creation of a special district under Articles 12 and 12-A of New York State
Town Law.
The Planning Board shall evaluate proposals to determine whether they meet the standards set forth in §§ 135-3, 135-4 and 135-5 above and whether the proposed layout:
A.
Protects all floodplains, wetlands, and steep slopes
from clearing, grading, filling or construction.
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.
Sites dwellings on the least prime agricultural soils
or in locations at the edge of a field, as seen from existing roads if development
is on open fields.
D.
Leaves scenic views and vistas unblocked or uninterrupted,
particularly as seen from public thoroughfares.
E.
Maintains or creates a buffer of natural native species
vegetation of at least 100 feet in depth adjacent to wetlands and surface
waters, including creeks, streams, springs and ponds.
F.
Designs around existing hedgerows and tree lines between
fields or meadows, and minimizes impacts on large woodlands greater than five
acres.
G.
Designs around and preserves sites of historic, archeological
or cultural value insofar as needed to safeguard the character of the feature.
H.
Provides open space that is reasonably contiguous.
I.
Protects wildlife habitat areas of species listed as
endangered, threatened, or of special concern by the New York State Department
of Environmental Conservation.
The Town of Chatham has determined that piecemeal subdivision of large
properties where a small number of individual lots are subdivided off to circumvent
major subdivision regulations will have a detrimental impact on neighborhood
character, preservation of open space and agricultural lands, and the ability
to provide traditional streetscapes and/or pedestrian networks. Therefore,
where four or more lots are subdivided from any parcel within a five-year
period, the fourth lot shall be deemed a major subdivision.
All reasonable engineering and legal costs for Town review of the environmental
impacts, regardless of whether a full EIS is required, road designs, conservation
easements and homeowners' association or other plans or documents shall
be paid by the subdivider.
A.
This chapter is expressly adopted pursuant to the relevant
sections of the New York State Town Law and the New York State Municipal Home
Rule Law.
B.
In the event any section or provision of the laws contained
herein or as amended hereafter shall be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the laws as
a whole or any part thereof other than the part so declared to be invalid.
C.
All other provisions of the Code of the Town of Chatham shall remain in full force and effect, except § 180-19, which is hereby repealed.
D.
This chapter shall be effective immediately upon filing
with the Secretary of State.
As used in this chapter, the following terms shall have the meanings
indicated:
Open space, landscape areas, fences, walls, berms or any combination
thereof used to physically separate or screen one use or property from another
use or property so as to visually shield or block noise, light, or other nuisances.
The area within which a structure is permitted to be built on a lot
and that is defined by minimum yard setbacks and includes all disturbances
for building, driveways, well and septic systems.
Those particular minimum zoning requirements in each respective zoning
district relating to, among other things, setback requirements, building density
and uses for each parcel located therein.
A residential subdivision where the dwelling units that would result
on a given parcel under a conventional subdivision plan are allowed to be
placed on the parcel in a flexible manner; where lot sizes, road frontages,
and other bulk dimensions are allowed to be relaxed; and where a majority
of the remaining land is left in its natural open space condition in perpetuity.
Conservation development results in a flexibility of design and development
to promote the most appropriate use of land, to facilitate the adequate and
economical provisions of streets and utilities, and to preserve the natural
and scenic qualities of open lands.
A specific geographic area, designated by a state or local agency,
having exceptional or unique environmental characteristics.
Authorization by a property owner for the use of any designated part
of his property by another and for a specified purpose.
Land left in a natural state for conservation and agricultural purposes
or land landscaped for scenic purposes, devoted to active or passive recreation,
or devoted to the preservation of distinctive architectural, historic, geologic
or botanic sites. The term shall not include land that is paved, used for
the storage, parking or circulation of automobiles, or occupied by any structure.
Open space may be included as a portion of one or more large lots or may be
contained in a separate open space lot but shall not include private yards
within 50 feet of a principal structure.
Lands to be conserved in a clustered or conservation subdivision,
including unbuildable areas of wetlands, water bodies, floodplains, and steep
slopes.
Lands included in a clustered or conservation subdivision, including
mature woodlands, upland buffers around wetlands and water bodies, prime farmland,
natural meadows, critical wildlife habitat, and sites of historic, cultural
or archaeological significance.
A roadway or street with houses constructed on one side only.
