The Town Board of the Town of North Greenbush hereby elects
to adopt the provisions of and exercise the powers granted by § 281
of the Town Law and hereby grants to the Planning Board of the Town
of North Greenbush the full authority set forth thereby.
Pursuant to the provisions of § 281 of the Town Law
of the State of New York, the purpose of this article is to enable
and encourage flexibility of design and development of land in such
a manner as to promote the most appropriate use of land, to facilitate
the adequate and economical provision of streets and utilities, to
preserve the natural and scenic qualities of open lands, in order
to provide larger areas of open space both for recreational and conservations,
purposes and in order to implement objectives of this chapter of the
Code of the Town of North Greenbush.
A.
This article shall be applicable only to lands zoned for residential
purposes in the Town of North Greenbush and which are in the AR Agriculture
Residential District under this chapter of the Code of the Town of
North Greenbush, but nothing herein shall be construed to limit the
existing authority of the Planning Board to control the layout of
subdivisions or the design of site plans in any other district or
zone.
B.
As provided in § 281(a) of the Town Law, if the owner makes written application to utilize the provisions of this article, the Planning Board may use the authority given to it hereunder. At the discretion of the Planning Board, if in said Board's judgment an application to cluster would benefit the Town in a manner outlined in § 197-88 above, the Board may require a cluster plan to be prepared.
C.
The Planning Board's authority to vary or modify zoning requirements,
as limited by Town Law § 281 and by this article, may be
employed to impose conditions for the approval of any plat by the
Planning Board, without regard to whether the owner makes application
for same, if the condition is imposed in order to ensure that the
plat complies with any of the requirements of this article or if the
condition is imposed in order to perpetuate the existence of or prevent
the despoliation or degradation of environmentally sensitive areas
or historic places, whether on or off the site.
D.
This article shall apply only to land which shall be a contiguous
parcel a minimum of five acres in size. In addition, it shall be determined
by the Planning Board:
(1)
That such development will not be detrimental to the health, safety
or general welfare of persons residing in the vicinity or injurious
to property or improvements in close proximity;
(2)
That the proposed development creates a residential environment that
is in conformity with the objectives of this article;
(3)
That the application of this procedure shall result in a permitted
number of building lots and/or dwelling units which shall in no case
exceed the number which could be permitted, in the Planning Board's
judgment, if the land were subdivided into lots conforming to the
minimum lot area and density requirements of the zoning requirements
of this chapter as applicable to the district or districts in which
such land is situated and conforming to all other applicable requirements;
(4)
That the development would be in harmonious agreement with adjacent
residential land uses or developments, if any exist, and, where providing
an alternative type or architectural style of housing, would benefit
the Town; and
(5)
That the development proposal guarantees permanent retention of open
space areas and ensures the care and maintenance of same.
E.
In approving a plat in accordance with the provisions of this article,
the dwelling units permitted may be, at the discretion of the Planning
Board and subject to the conditions set forth by the Town Board, in
detached, semidetached or attached structures.
F.
Where an applicant can demonstrate that the characteristics of his
holdings meet the objectives of this chapter, the Planning Board may
consider parcels of lesser acreage.
A.
Density.
(1)
In determining the density for a cluster development, the Planning
Board shall first determine the area for which such density calculation
shall be made.
(2)
The calculation of the area shall not include easements, existing
parks, existing streets or otherwise dedicated land; water areas in
excess of 5% of the total gross acreage; lands designated on the Official
Map for public purposes; or land undesirable by reason of topography,
drainage or adverse subsoil conditions.
(3)
Prior to the establishment of the overall density, the owner shall
provide the Planning Board with a sketch plan of the site showing
how it may be subdivided in a conventional manner conforming to the
requirements of this chapter for that district or districts.
(4)
As stated herein, the overall density established by the Planning
Board shall be no greater than would normally be achieved under the
standard subdivision development procedure.
B.
Open space.
(1)
The application of this procedure shall result in the preservation
of land on the plat in its natural state for passive recreational,
open space, archaeological or historical resources. The Planning Board,
as a condition of plat approval, may establish such requirements on
the ownership, use and maintenance of such lands as it deems necessary
to assure the preservation of such lands for their intended purposes.
The details as to use and ownership shall be recorded by the owner
as required by the Town. Such requirements shall be approved by the
Town Board prior to final approval and filing of the plat.
(2)
The open space created by the use of the provisions of this chapter
must be clearly labeled on the subdivision plat as to its use and
the rights of the owners in the subdivision as well as whether it
is to be dedicated ultimately to the Town or other governmental body
or to an approved private or conservation corporation or to a homeowners'
association or otherwise under conditions meeting with Planning Board
approval. Such open space is to be preserved in perpetuity, and the
Planning Board may require an open space easement running to the Town
as a condition of approval.
(3)
If said lands are to be offered for dedication to the Town, the Town
Board may require that such conditions be approved by the Town Board
before said plan shall be approved for filing.
(4)
Homeowners' association.
(a)
If the open space or an open space easement therein is not to
be dedicated to the Town or other governmental authority or to an
approved private conservation corporation, the applicant must either
simultaneously with the filing of the map create a homeowners' association
or neighborhood corporation embracing some or all property owners
within the cluster subdivision and providing for adequate contributions
for maintenance of said open space or otherwise satisfy the Planning
Board with regard to the maintenance of said open space.
(b)
If a homeowners' association is offered by the applicant and
accepted by the Planning Board as the method of maintenance of the
open spaces to be preserved, the following must be adhered to:
[1]
The homeowners' association must be set up before any lots are
sold.
[2]
Membership must be mandatory for each lot buyer and any successive
buyer, or each lot created must be legally required by duly filed
covenants and restrictions to pay to the homeowners' association a
yearly fee to be used for maintenance of the open space.
[3]
The open space restrictions shall be established in perpetuity
or as otherwise approved by the Town Board.
[4]
The association must be responsible for liability insurance
of the volunteer board of directors and lands included in the homeowners'
association, local taxes and the maintenance of recreational and other
facilities.
[5]
Property owners must pay their pro rata share of the costs and
the assessments levied against the association. Failure to pay such
pro rata share can result in a lien being placed on the individual
homeowner's property.
[6]
The association must be able to adjust the pro rata share to
meet changing needs.
[7]
The applicant shall make a conditional offer of dedication binding
upon the homeowners' association for all open space to be conveyed
to the association, such offer to be accepted by the Town, should
it so choose, upon the failure of the homeowners' association to take
title to the open space from the applicant or other current owner
or upon dissolution of the association at any future time.
C.
Uses for open space. The Planning Board may approve uses for open
space, and these uses will be clearly indicated on the final map.
(1)
The Planning Board may approve recreational uses such as wooded park
areas, bridle paths, hiking trails, etc.
(2)
The Planning Board may approve conservational uses such as open woodland,
wetlands, slopes, escarpments or farm fields.
(3)
The Planning Board may approve cultural aspects, such as historic
places and buildings, archaeological sites and such open spaces as
will assure that each of the above cultural aspects is adequately
protected in the public interest.
(4)
Areas for active recreation which are to contain substantial improvements,
impervious surfaces and other alteration from their natural state
shall not constitute open space hereunder.
