[Amended 3-12-2007 by L.L. No. 2-2007; 12-5-2016 by L.L. No. 5-2016]
These provisions are intended to:
A.
Guide the future growth and development of the community consistent
with the Town of Wheatfield's adopted comprehensive plan.
B.
Guide the detailed analysis of a development parcel so as to locate
and coordinate appropriate areas for development and conservation
and encourage compatibility with surrounding land uses.
C.
Preserve the rural character of the Town of Wheatfield through the
permanent preservation of meaningful open space and sensitive natural
resources.
D.
Preserve scenic views by minimizing views of new development from
existing roads.
E.
Preserve prime agricultural land.
F.
Provide commonly-owned open space areas for passive and/or active
recreational use by all residents of the development and, where specified,
the larger community.
G.
Provide for a diversity of lot sizes, housing choices and building
densities, to accommodate a variety of age and income groups.
H.
Provide buffering between residential development and nonresidential
uses.
I.
Protect and restore environmentally sensitive areas and biological
diversity, minimize disturbance to existing vegetation and maintain
environmental and wildlife corridors. Green spaces need to be continuous
and relatable.
J.
Preserve significant archaeological sites, historic buildings and
their settings.
K.
Include the protection of wetlands, floodplains, mature woodlands,
hedgerows, large trees, upland habitats, prime farmland, rare plant
communities, endangered and threatened species, natural meadows, historic
landmarks, and geological formations.
L.
Promote the ecological, social, recreational, and economic value
of undeveloped lands.
M.
The above will be accomplished through the allowance of smaller lot
sizes for single-family homes thus providing the opportunity for preserving
more of the Town's important features.
As used in this chapter, the following terms shall have the
meanings indicated:
Undeveloped land within a conservation subdivision that has
been designated, dedicated, reserved, or restricted in perpetuity
from further development.
The grant of a property right or interest from the property
owner to a unit of government or nonprofit conservation organization,
stipulating that the described land shall remain in its natural, scenic,
open or wooded state, precluding future or additional development.
A subdivision plat or plats, approved, pursuant to this article,
in which the applicable zoning ordinance is modified to provide an
alternative permitted method for the layout, configuration and design
of lots, buildings and structures, roads, utility lines and other
infrastructure, parks and landscaping in order to preserve the natural
and scenic qualities of open lands and the intent and purpose of this
chapter.
Areas within which grading, lawns, pools, fences, pavement
and buildings would be located (allowed).
The total area of a parcel to be considered.
A community association incorporated, combining individual
home ownership with shared use or ownership of common property or
facilities.
Any charitable corporation, charitable association or charitable
trust (such as a land trust), the purposes or powers of which include
retaining or protecting the natural, scenic or open space values of
real property, assuring the availability of real property for agricultural,
forest, recreational or open space use, protecting natural resources,
maintaining or enhancing air or water quality, or preserving the historical,
architectural, archaeological or cultural aspects of real property.
The existing parcel of record, as identified by individual
tax parcel numbers, as of the effective date of this article.
Minimum six-inch caliper trees or important species.
Any person, corporation, partnership, association, individual,
firm, trust or agent dividing or proposing to divide land resulting
in a conservation subdivision.
A.
Pursuant to the provisions of Town Law § 278, the Town
Board of the Town of Wheatfield does hereby authorize and in some
cases may require the use of conservation/cluster subdivisions simultaneously
with the approval of a subdivision plat or plats. The proposed use
of these conservation/cluster subdivision regulations shall not be
considered an allowed use in any zoning district, unless shown to
meet the intent of this chapter, specifically authorized and then
approved by the Wheatfield Town Board.
B.
Approval of conservation/cluster subdivisions shall be subject to the conditions set forth in this article and in Town Law § 278 and the subdivision approval process set forth in the Code of the Town of Wheatfield. In accordance with the Town of Wheaffield's Subdivision Chapter, Chapter 169, the Planning Board of the Town of Wheatfield is a recommending board, and it will also provide its review and recommendation on conservation/cluster subdivisions.
C.
Preemption: In addition to provisions of Town Law § 278,
the provisions set forth in this article shall be followed in reviewing
applications for conservation/cluster subdivisions. Whenever the provisions
of this article are more restrictive than or contain additional requirements
to § 278, the provisions of this article shall prevail.
As stated above, conservation/cluster subdivisions shall follow
the procedures and requirements of Town Law § 278 and the
subdivision approval process set forth in the Code of the Town of
Wheatfield. The process will be supplemented with the following requirements:
A.
A sketch plan must be submitted that includes the information detailed
in this chapter. The sketch plan shall be placed on the Planning Board
agenda and the Planning Board will generate information as described
below for use by the Town Board in making a decision on whether to
allow the use of the conservation/cluster subdivision law or not.
B.
The Planning Board may refer an application to other departments,
boards and committees in the Town of Wheatfield for their opinion.
C.
The Planning Board in reviewing this application can make a preliminary
determination on the allowed number of lots, and suggest revisions
to the proposed conservation/cluster plan to best meet the intent
and purpose of this chapter.
D.
Once the applicant has responded to these preliminary comments, the
Planning Board can schedule a public information meeting to receive
public input.
E.
With the information obtained in these reviews and public input,
the Planning Board can make a recommendation to the Town Board on
the utilization of the proposed conservation/cluster design and the
number of lots to be allowed. In this recommendation to the Town Board,
the Planning Board can include input received from other departments,
boards and committees of the Town.
F.
The Town Board, upon receipt of this recommendation and accompanying
materials, will make a decision on authorizing the use of the conservation/cluster
design and the number of lots to be allowed. If authorized, this law
allows that, at any time prior to approval of the conservation/cluster
subdivision, the Town Board may choose not to accept the plat as proposed
and not allow the use of the conservation/cluster subdivision law.
G.
If the Town Board authorizes the use of conservation/cluster design,
the Town Board can begin the SEQR coordinated review process (the
coordinated review process would not formally begin until a complete
preliminary application is received) and refer the subdivision back
to the Planning Board.
H.
Once a completed preliminary plat and required application materials
are submitted to the Town, the Planning Board shall complete their
review and recommendation of the preliminary plat. The process will
then proceed in accordance with the requirements of this chapter and
the Town's Subdivision Law (required public hearing, etc.).[1]
A.
Conditions. Conservation/cluster subdivisions are not a use allowed
by right. It may be allowed at the discretion of the Town Board, upon
recommendation by the Planning Board. The procedure set forth herein
and the authorization of conservation/cluster subdivision may be followed
and allowed at the discretion of the Town Board, if and in the Town
Board's judgment, its application would benefit the Town, meet the
Town's goals and the objectives and the purpose and intent of this
article. In some cases, for regular proposed subdivisions, the Town
Board may require the use of a conservation/cluster design (to help
protect/preserve important Town lands or to meet other Town objectives).
B.
A base map (resource inventory or environmental suitability inventory
map) and two plans as outlined below are required at the time of submission
of the sketch or concept plan. The two plans that shall be submitted
will include one layout designating the layout of a standard subdivision
in accordance with the underlying zoning district and the second layout
showing the proposed conservation/cluster subdivision. The base map
shall illustrate all of the important features identified in the Town's
Greenspace Master Plan and any other unique attributes of the site.
(1)
The base map (resource inventory) shall include the following
items:
(a)
Property boundaries.
(b)
All streams, creeks, wetlands and other hydrological features.
(c)
Topographic contours.
(d)
General vegetation characteristics, specifically noting any
significant trees and types.
(e)
General soils information.
(f)
Existing roads, driveways and structures.
(g)
Existing surrounding trails and greenspace features (within
500 feet).
(h)
Identification of any features located on or adjacent to the
property that are shown in the Greenspace Master Plan, including wildlife
corridors.
(i)
Specific plans and actions denoted in the Greenspace Master
Plan concerning this site.
(j)
Any agricultural lands on or adjacent to the site.
(k)
Other features as requested by the Planning Board.
(2)
Each lot in the standard subdivision layout shall meet the minimum
lot size and lot width requirements of the Zoning Law of the Town
of Wheatfield for the underlying zoning district.
(3)
The standard subdivision layout shall be utilized to determine
the maximum density for the cluster development and shall be consistent
with federal, state and Town laws, including, but not limited to,
laws regulating:
C.
Maintenance/open space. The Town Board, as a condition of plat approval,
shall establish such conditions on the ownership, use and maintenance
of such open lands shown on the plat as it deems necessary to assure
and preserve the natural and scenic qualities of such open lands (for
example: dedication to the Town, restrictive covenants, homeowners'
association, nonprofit conservation organization, etc.).
D.
Additional requirements. In addition to the above, conservation/cluster
subdivisions shall meet the following criteria, which shall not be
waived by the Planning Board or Town Board:
(1)
The plat showing such conservation/cluster subdivision shall
depict the proposed lots, the development envelopes within which such
structures may be located, building footprints, the height and spacing
of buildings, open spaces and their landscaping, off-street open and
enclosed parking spaces, driveways and any other features required
by the Planning Board. (These illustrations are especially necessary
for cul-de-sac lots or other odd-shaped lots.)
(2)
The application shall also include the types of homes to be
constructed on these sites, including renderings and typical building
layouts.
(3)
A conservation/cluster subdivision shall not set aside less
than 40% of the total area of the development for common usage/open
space in accordance with the provisions of this article. This 40%
requirement shall not include those lands determined to be unusable
in the standard layout (for example wetlands, floodways, etc.) and
will not include stormwater ponds. These unusable lands can be included
in the "conserved areas"; they just do not count towards the 40% requirement.
These lands to be set aside shall also be located on the property
proposed for conservation/cluster subdivisions.
(4)
The above required 40% of land is to meet the conservation/cluster development requirements and not intended to meet the 10% dedication requirements for parks, open space and natural features in § 169-23 of the Town's Subdivision Regulations. As described in this section, the Town may still require a payment in lieu of dedication of lands.
(5)
(6)
The distance between structures shall not be less than 20 feet.
(This distance is measured from the greater projection of the house
including all overhangs.)
(7)
No structure in a conservation/cluster subdivision shall be
closer to a preexisting street than a structure in a standard subdivision.
(8)
For lots proposed on new roads, the minimum front yard setback
shall remain as required in the underlying zoning (or 60 feet from
the back of curb for private roads or as determined by the Planning
Board); the side yard minimum shall remain 10 feet and the rear yard
setback shall remain as in the underlying zoning district. Houses
should face onto new roads.
[Amended 11-7-2022 by L.L. No. 3-2022]
(9)
All conservation/cluster development proposals must include
the type of development being proposed, such as condominiums, townhouses,
etc. All condominium developments shall include only private roadways
and infrastructure (water, sewer, etc.).
A.
In reviewing proposed conservation/cluster subdivisions, the Planning
Board and Town Board shall evaluate subdivision layout with respect
to the base map, which could include scenic views, natural landscape
features, topography of the site, woodlands, wetlands, other features
of the site and other adjacent areas and shall require development
in a fashion and manner which it finds will enhance and preserve such
features, including, but not limited to:
(1)
Lands adjacent to public parks and other publicly accessible
open space.
(2)
Lands adjacent to other dedicated open space areas on adjacent
parcels.
(3)
Buffer lands between adjacent active agricultural uses, industrial
uses, commercial uses and residential development.
(4)
Trailways which meet Town of Wheatfield green space/open space
plan.
(5)
Lands adjacent to important streams, rivers and creeks.
B.
The Planning Board and Town Board may suggest additional amenities
regarding open space. The Town's Comprehensive and Greenspace Master
Plans shall be referred to and included in their analysis.
A.
The common open spaces shall be clearly depicted upon the subdivision
plan. The developer shall illustrate on the subdivision plan all improvements
and modifications to the common space, such as trails, landscaping,
recreational facilities, etc.
B.
At the Town's option, open space may be accepted by dedication and
operated or preserved by the Town as a public recreation facility.
C.
If open space is not dedicated to the Town, it shall be protected
by formal arrangements, such as homeowners' associations and conservation
easements, which are satisfactory to the Town Board and Town Attorney
and sufficient to assure its maintenance and preservation.
(1)
Final approval of subdivision plat shall be conditioned on proper
recording and filing of the legal entity controlling common areas.
(2)
All improvements or modifications to the common open spaces
required to enhance, preserve and make accessible shall be a condition
of approval and shall be completed prior to issuance of any building
permits in the development.
(3)
Where necessary, the Town Board shall require the posting of
a bond to assure open space completion and maintenance until the homeowners'
association is sufficiently funded to assure such maintenance.
A.
The provision of this article shall not be deemed to authorize a
change in the permissible use of such lands as provided elsewhere
in the Zoning Law of the Town of Wheatfield applicable to such lands.
B.
Nothing herein shall supersede any requirements of the subdivision
regulations in effect, which may impose additional requirements upon
the developer for approval of the proposed subdivision.
C.
Further subdivision of an approved conservation/cluster subdivision
shall not be allowed. This shall be indicated on the final subdivision
plat and recorded with Niagara County.
