[Added 7-27-2017 by L.L. No. 2-2017[1]]
[1]
Editor's Note: This local law also repealed
former Art. XX, Mixed-Use District, added 5-7-2009 by L.L. No. 6-2009.
The purpose of this article is to encourage
in select locations the use of cluster and conservation development
design principles to preserve open space and viable agricultural lands.
Cluster and conservation subdivision are intended to protect the Town's
natural environment, provide for a balance between developed and undeveloped
land, protect air quality, provide adequate open areas for recreation
and conservation, and protect the community and the historic and visual
character of Stillwater and Saratoga National Historical Park. Cluster
and conservation subdivision development will preserve tracts of agriculturally,
environmentally, scenically and recreationally significant undeveloped
land and preserve contiguous open spaces and important scenic and
environmental resources.
The applicant is encouraged to consider the use of this procedure for minor and major subdivisions of property within the T2 Rural Conservation Transect Zone pursuant to Chapter 176, Subdivision of Lands. In all other districts, this procedure may be considered for minor and major subdivisions. Special consideration should be given to subdivisions within the Saratoga National Historical Park Viewshed Protection Area. (See § 210-166, Development regulations.)
A.
Density calculation. In determining, the amount of
land which can be used to achieve a development plan, undeveloped
land must first be subtracted. The number of 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
subdivision parcel excluding constrained land.
(2)
Determine the number of permitted residential units on the lot. Multiply the acres of unconstrained land by the district's base, as set forth in the Summary of Dimensional Area Requirements included in Chapter 210 Attachment 1 Appendix A, Schedule of Regulations. 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.
B.
Density bonus. Reserved.
A.
The following resources must be mapped and illustrated
for calculating the acreage of constrained land and cluster and conservation
subdivision density calculation.
(1)
All contiguous land owned or under option by
the owner and/or applicant.
(2)
Slopes in excess of 20%. Contour lines shall
be a minimum of two-foot intervals to United States Geological Survey
datum within the parcel.
(3)
Lakes, ponds, and wetlands. These shall include
field delineation and survey of both New York State Department of
Environmental Conservation freshwater wetlands and their associated
one-hundred-foot adjacent areas, and federal jurisdictional wetlands
as regulated by the United States Army Corps of Engineers, as well
as nonregulated wetlands.
(4)
Streams (regulated and unregulated) including
a fifty-foot buffer from mean high water mark of streams. These shall
include but are not limited to watercourses, streams and other drainage
corridors as classified pursuant to the New York State Department
of Environmental Conservation Stream Classification System.
B.
The combined area of these resources in § 210-152A(2) through (4) shall constitute the total constrained land area.
As part of the cluster and conservation subdivision
review, an applicant shall prepare a Conservation Resource Map, consisting
of constrained lands as noted above as well as the following:
A.
Vegetative cover conditions on the property according
to general cover type, including cultivated land, permanent grassland,
old field, hedgerow, significant forest areas, woodlands, wetlands,
isolated trees or small groups of trees with a caliper in excess of
12 inches, and the actual canopy line of existing trees and woodlands.
Vegetative types shall be described by plant community, age and condition.
B.
Active farmland within a New York State certified
agricultural district in Saratoga County, lands within 500 feet of
a New York State certified agricultural district, or soils classified
as soils of statewide significance and prime farm soils as mapped
by the United States Department of Agriculture, Natural Resources
Conservation Service in the Saratoga County Soil Survey.
C.
Flood hazard areas [from a Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Map], or site-specific flood elevation
determination data if none is available otherwise through FEMA.
D.
Ridgelines, hills, and geologic formations, including
but not limited to rock outcrops and other important land features
based on available published information or more detailed data obtained
by the applicant.
E.
Designated critical environmental areas, and other
important unique environmental areas.
F.
Habitat areas of rare, threatened, or endangered species
and significant natural communities or other ecological resource value.
G.
As located on the site, the location and dimensions
of all existing utilities and utility rights-of-way, existing streets,
paved and unpaved roads and paths, buildings, agricultural barns,
silos and any other agricultural structures, remains of buildings
and structures, stonewalls, fences, and other man-made improvements.
H.
Land exhibiting present or potential historic, archeological,
or other cultural resource values. Locations of all historically significant
sites or structures on the site and on any abutting site within 500
feet of the site's property boundary, including but not limited to
those sites and parcels identified as locally important historic resources
according to the New York State Office of Parks, Recreation and Historic
Resources, State Historic Preservation Office, that tracks sites,
buildings and parcels identified with the state register or the federal
register historic designation.
I.
Existing and potential trails, bikeways and pedestrian
trails that are in public use or are proposed conceptually by the
Town of Stillwater, Saratoga County, or New York State.
J.
Lakes, ponds, active public parks, Town park district
lands, or other Town, county, and state recreational areas, or opportunities
or sites.
K.
All other boundaries of environmental or other areas
to be left undisturbed for buffering or screening and/or protected
through deed restrictions, conservation easements or other agreements
and encumbrances of property which are or have been filed of record
with the Saratoga County Clerk's office shall be shown on the plan.
A.
Once the Conservation Resource Map has been prepared
and reviewed with the Planning Board, the applicant may develop concepts
for prioritizing which of the existing resources should be conserved
and for what proposed future conservation use. Only after this step
has been taken may the concepts for development be factored into the
site layout.
B.
Below are the key conservation principles for the
cluster and conservation subdivision site layout:
(1)
Conserve the scenic, rural landscape character:
the unique setting of this parcel as it contributes to the unique
setting of Stillwater, Saratoga National Historical Park, and the
Hudson River waterfront.
(2)
Conduct creative site planning that maintains
residential and pastures and rural character allowing for direct visual
access to open land, woodlots, farms, scenic views, etc.
(3)
Protect farms and agricultural lands and uses;
protect the core agricultural areas of western Stillwater; protect
prime farm soils; consistent with the Saratoga County Green Infrastructure
Plan.
(4)
Permanent protection of larger contiguous areas
of significant open space resources which are visible to the general
public, including farmlands, woodlands, and other ecological and natural
wildlife habitats and corridors.
(5)
Buffer and protect existing protected open space
resources: design that respects and buffers existing term conservation
easements, permanent conservation easements and other permanently
protected lands and resources.
(6)
Conserve and protect the Town-identified open
space, natural and cultural resources that are priorities for future
conservation, as may be identified in the Saratoga County Green Infrastructure
Plan and/or the Town of Stillwater Farmland and Open Space Protection
Plan.
(7)
Conserve and design with respect to the existing
settlement patterns, existing neighborhoods and existing residences;
buffer existing residences and public views from new development.
(8)
Preserve natural water features and watersheds
and provide for connected water habitats.
(9)
Protect natural landforms and conserve open
lands habitat.
(10)
Conserve woodland areas and connected woodlands
habitats.
(11)
Support the restoration and adaptive reuse of
previously developed landscapes, including the adaptive reuse of farm
structures that preserves the agricultural setting and uses such as
the farmstead and barns and surrounding fields.
(12)
Connect people to the special resources; provide
trail connections within neighborhoods and link to regional paths.
(13)
Protect dark, nighttime skies for the whole
community.
C.
Once the conservation lands have been identified and
prioritized by the Planning Board, the applicant shall prepare a design
layout for areas of development. In addition to conservation resources,
the Planning Board and the applicant shall take into careful consideration
buffering between existing adjoining residential housing. This may
include the establishment of a no cut or planted buffer zone between
existing and proposed developments.
D.
Lots, site access, streets, and roads shall be arranged in a manner that protects land identified by the Conservation Resource Map (§ 210-153). Permitted building locations or areas (building envelopes) shall be shown on the final subdivision plan.
E.
The proposed cluster and conservation subdivision design layout must follow applicable subdivision regulations as outlined in Chapter 176 of the Town Code, Subdivision of Land, regarding the submission, timing, review process, and other applicable requirements. This step involves formalizing the lot lines and the preparation of a plan meeting requirements for the preliminary submission and layout review pursuant to Chapter 176 of the Town Code.
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Predevelopment Example
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Traditional Development Example
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Cluster and Conservation Subdivision Example.
This image illustrates how clustering or distributing home sites where
appropriate can preserve agricultural, cultural, and open space resources.
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After the final residential density is determined,
there shall be a minimum lot size of 20,000 square feet in a cluster
or conservation subdivision. The Planning Board shall determine appropriate
lot sizes during its review. When determining appropriate lot sizes,
the Planning Board shall consider required utility separations, including
on lot wastewater treatment and water wells.
The applicant shall specify dimensional requirements
for a proposed cluster or conservation subdivision by identifying
setbacks and other lot dimensions to be incorporated into the final
subdivision plan, subject to review and approval by the Planning Board.
As specified in § 210-166T, projects within the Saratoga National Historic Park viewshed are subject to additional visual impact analysis. When reviewing projects, the Planning Board shall include this additional analysis and refer to recommendations described in the Battles of Saratoga Preservation and Viewshed Protection Plan dated December 2007.
Notwithstanding any other road construction
requirements promulgated by the Town of Stillwater, the highway design
standards within cluster and conservation subdivisions may be modified
at the discretion of the Planning Board and with approval of the Superintendent
of Highways and in consultation with the Arvin Hart Fire Company.
Open space set aside in a cluster and conservation
subdivision 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 constrained land analysis and conservation
resource mapping described above.
A.
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.
B.
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.
C.
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, local utility distribution
lines, stormwater management facilities, trails and agricultural structures
shall be permitted on nonresidential lots with Planning Board approval,
provided that they do not impair constrained lands or conservation
resources. 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.
D.
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.
E.
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.
A.
Open space land may be owned by an HOA, offered for
dedication to Town, county or state governments, or transferred to
a not-for-profit organization acceptable to the Planning Board, to
properly manage the open space land and to protect its conservation
value.
B.
If the land is owned by an HOA, such HOA shall be
established in accordance with the following:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The HOA must be able to adjust the assessment
to meet changed needs.
(6)
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.
(7)
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.
(8)
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.
The cluster and conservation subdivision shall follow the subdivision process contained in Chapter 176, subject to the additional provisions contained herein.
